WAITER GUTHRHXS 




It— 



OUR STATE AND NATION 



OE 



CIVICS MADE INTERESTING, PRACTICAL 
AND COMPREHENSIBLE 



A TEXT BOOK ON CIVIL GOVERNMENT FOE THE COMMON 
SCHOOLS OF IOWA 



WALTER GUTHRIDGE 

If 



CHICAGO 
W. M. WELCH & COMPANY 






1 fi293 



COPYRIGHT 1898 

BY 

W. M. WELCH & COMPANY. 



H OF cov e 



AUG - 8 1898 




1 ^fcW£D. 






3°| stt 

J WVA^ ■). ^ ,f\ %, 



PREFACE. 



The aim of this book is to set forth in a simple and prac- 
tical manner the actual workings of our Government and to 
take up the subject in the order of its complexity, beginning 
with the simplest unit of government, viz.: "The school 
district," and proceeding to the next simplest; thus passing 
from the known to the unknown. The teacher may find it 
practical in following this text to have such exercises as 
writing notices of election of director, holding election of 
director, writing out proceedings of election and certificates 
of election and afterwards organization of a board of directors. 
Such exercises may be carried further as the judgment of 
the teacher may decide. 

In passing from one unit of government to the next higher 
special stress is laid on similarities and reasons given for the 
differences. The pupil just beginning the subject is not 
confronted with the generalization, "Government is divided 
into three divisions, the Legislative, the Executive and the 
Judicial, but is led to such conceptions inductively, by 
studying these functions in the simplest unit of government 
in which they exist. 

A practical feature of the book is the chapter on political 
parties, primaries, conventions and elections, definite instruc- 
tions being given on the Australian ballot as it is in our own 
State. 

Hoping that the book will meet the need of country and 
graded schools in our State, we commend it to the considera- 
tion of the public. The Author. 



OUR STATE AND NATION 



CHAPTEE I. 

SURVEYS OF OUR STATE. 

1. Those of us who have never lived in the eastern part 
of the United States may think it strange that the farms 
are not separated by lines running north and south, east and 
west, as they are in our State, but that they are generally of 
very irregular shape. The lines may extend in any direc- 
tion and a farm is sometimes bounded by a great number of 
sides. Fig. 1 is an outline of a farm situated ten miles from 
Knoxville, Tennessee. Its area is 266§ acres and it has 26 
sides. Such farms are very hard to survey, and where we 
find such farms, the school districts, townships and counties 
are also very irregular. 

2. Before the Western States were settled, the Govern- 
ment surveyed them, using a simple and practical system 
of surveys devised by Thomas Jefferson and adopted in 
1796. In this system, a line extending north and south is 
established as a principal meridian and another extending 
east and west, crossing the principal meridian, is established 
as a base line. 

3. The principal meridian used in the surveys of our 
State is the Fifth Principal Meridian. It extends north 
from the mouth of the Arkansas River. The base line ex- 
tends east and west through Little Rock, Arkansas. Where 
these two lines cross is the beginning point. The row of 
townships on either side of a principal meridian is termed 

9 



10 



OUR STATE AND NATION. 



Eange 1; that on the west side, range number 1 west; that 
on the east side, range number 1 east. The second row is 
range number II; and so on as far east or west as the sur- 
vey extends. The first row of townships on the north side 




Fig. 



of a base line is called number 1 north; that on the south 
side, number 1 south. The second row is number 2 north 
or number 2 south and so on, as far north and south as the 
survey extends. 



SURVEYS OF OUR STATE. 



11 



4. Beginning with our Base Line and counting the rows 
of townships north, we find that the row on the south of 
Iowa is number 67 north; on the north of Iowa we have the 
row that is number 100 north. A township in the extreme 
eastern part of our state is range VI east; that in the ex- 
treme western part is range XL VIII west. 



VIII 



VII 



* 



Fig. 2. 



* 



I I 



VII 



VIII 



Fig 2. 



* Township Range III West, and 5 North 
f Township Eange III West and 4 South. 
J Township Eange V East, and 3 North. 
| Township Eange VIII West, and 3 North. 



5. Each township is six miles square and is divided into 
36 sections, each one mile square. Section number 1 is in 
the northeast corner of the township and they are num- 
bered westward across the township, number 6 being in the 



12 



OUR STATE AND NATION. 



north-west corner. Number 7 is just south of number 6 as 
shown in Fig. 3. 

For convenience in locating land the sections are divided 
into four squares called quarters; as, north-east quarter, 
north-west quarter, south-east quarter and south-west quar- 




Fig. 2b. 



ter. The quarters are subdivided as the description re- 
quires. See Fig. 4. 

Land described as N. E. \ of N. E. J of section 1, Town- 
ship Eange XX West and Number 80 North of Fifth Prin- 
cipal Meridian, means 40 acres in the extreme north-east 
corner of section 1 of the township from 114 to 120 miles 
west of the Fifth Principal Meridian and from 474 to 480 
miles north of Little Bock, Arkansas. This is a much more 
convenient way of locating land than is possible where the 
surveys are irregular. 



SURVEYS OF OUR STATE. 



13 



6. Correction Lines. — In running north and south from 
the base line the surveyors go due north and south as shown 
by their instruments. However, as the lines running north 
and south converge at the North Pole, the north side of a 
township is narrower than the south side. This difference 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



Fig. 3. 

is equal to about three rods in latitude 42 degrees. As we 
go nearer the Pole the difference increases. Therefore, two 
lines running north and south that are six miles apart at 
the southern boundary of Iowa, will be about fifteen rods 
nearer together, thirty miles farther north. To prevent this 
narrowing from spoiling the system, surveyors make what 
they call correction lines. These are new base lines where 
the townships are again laid out six miles wide. One of 



14 



OUR STATE AND NATION. 



these lines passes a few miles south of Iowa City; the town- 
ships south of it being about thirty rods less than six miles 
in width. This causes a jog of thirty rods in townships 
range 1 east or west, but in township range XL west, the 
jog is 40x30 rods or 3J miles, and shows very plainly in a 



.n.w.m 

160 Acres 



20 Acres 
S.ViOfS.W.Viof 

S.W.li 



N.E. & of 
40 Acres 



N.W.Mof 

N.E. M 



N.E. % of 
N.E. M 



S.y 2 ofN.E.% 
80 Acres 



NIEM of 

nIe.% of 

S.E.U 



S.W.Mof 
S.E. k 
40 Acres 



r 



10 
Acres 




E.V 2 of 
N.E.H of 
S.EM of 

S.EM 



Fig. 4. 



State map showing the counties. Another correction line 
was established sixty miles north of this one and passes 
through Sioux City, Webster City, Waterloo, Independence 
and Dubuque. The northern boundary of the State is an- 
other correction line. 

7. The government surveys lay out the section lines, 
mark the corners and place a half-mile mark between the 
section corners, but run no lines through the sections. 



SURVEYS OF OUR STATE. 15 



QUESTIONS. 

1. Compare the shape of eastern and western farms; of 
townships; of counties. 

2. What is a principal meridian? A base line? Locate 
those from which Iowa is surveyed. 

3. Why are correction lines necessary? 

4. How large is a township? 

5. How wide is our State? How long? 

6. How are sections numbered? 

7. How far from the Principal Meridian and Base Line 
is township Eange XXV West and number 75 Xorth? 

8. How many acres in the X. W. J of S. E. J of X. W. 
i? In S. i of S. E. i? In E. J of X. W. \ of X. E. J? 



CHAPTEE II. 

SCHOOL DISTRICTS. 

8. The townships laid out by congressional surveys are 
called congressional townships. Besides locating land they 
may serve as boundaries for local government. The civil 
township usually occupies the same space as the congres- 
sional township. They may be larger or smaller and are 
laid out to suit the convenience of the people, therefore a 
river frequently forms an irregular boundary. If part of a 
civil township were on each side of a river it would be in- 
convenient at times for the people to meet at one place for 
election of officers and transaction of other business. . . 
In the eastern part of our State civil townships frequently 
do not correspond to the congressional, in the West they do 
as a rule. 

9. Townships are laid out into school districts usually 
nine in number, thus making the districts two miles square 
where the township is six miles square. See Fig. 5. 

The districts are numbered as are the sections beginning 
with the north-east corner. The people of a township, how- 
ever, may have more than nine districts, or fewer, and make 
them of such extent and shape as suits them. A plan sug- 
gested by Prof. Macy is to make each district contain five 
square miles and be of the shape shown in Fig. 6. This 
would cause some districts to occupy parts of two adjacent 
townships, but that would make no difference, as the school 
affairs have no necessary relation to the civil township. By 
this plan no residence need be more than two miles from the 
school house, and yet the district would be 25 per cent, larger 
than by the usual plan. 

16 



SCHOOL DISTRICTS. 



17 



10. One plan of managing the school affairs is to have 
the whole township constitute a district-township; this is 
divided into sub-districts. Each sub-district elects onesub- 
director, whose duties are as follows: To hire a teacher;* to 
care for the school house and grounds and to provide fuel 



-2- 



6 



9 



-8- 



-? 



Fig. 5. 

and other things necessary for successfully conducting the 
school; to give notice of sub-district elections; to take an 
enumeration of all the children in his sub-district and re- 
port it to the secretary of the board. 

♦Contracts made by him are not binding on the school town- 
ship unless approved by the board. 



18 



OUR STATE AND NATION. 



11. The election of sub-directors occurs on the first 
Monday in March, all of them being elected each year. The 
sub-director gives notice of an election by posting, in at 














© 




1 ] 

© 






© 


















© 










© 










© 










© 
























"1 












© 











© 


. 









Fig. 6. 

least three places in the district, five or more days before 
election, a notice similar to the following: 



"Notice is hereby given, that on the first Monday in 
March, 189.., a meeting of the qualified electors of sub- 
district No , in the district-township of , 

in the County of , and State of Iowa, will be 

held at the school-house in said sub-district, between the 
hours of two and four o'clock p. m., for the election of one 



SCHOOL DISTRICTS. 19 

sub-director and the transaction of such other business as 
may legally come before the meeting." 



Sub-director. 

At the time appointed, generally, only a few of those 
who are qualified to vote, meet and hold the election. They 
choose one of their number as chairman, another as secre- 
tary and cast ballots for sub-director. The ballots are then 
counted and the result announced. 

The chairman and secretary then make out a certificate 
of election and a copy of the proceedings, which are given 
to the sub-director elect. 



FORM OF CERTIFICATE OF ELECTION. 

We hereby certify that at the regular sub-district meeting 

of sub-district No , in the district township of , 

in County of , and State of Iowa, (the person's 

name) was duly elected sub-director for three years. 



Chairman. 
Secretary. 



FORM FOR PROCEEDINGS OF MEETINGS. 

On the first Monday in March, 189. ., the electors of sub- 
district No , in district township of , in 

County of , and State of Iowa, met pursuant to 

previous notice. On motion of Mr they pro- 
ceeded to the election by ballot of one sub-director. On 
counting the ballots it was found that 10 votes were cast 
for Mr. B and 8 for Mr. C. Whereupon Mr. B was declared 
duly elected sub-director for the term of three years. 



Chairman. 
Secretary. 



20 OUR STATE AND NATION. 

Any other business that may come before the meeting is 
also recorded in the proceedings. 

Women are allowed to vote at school elections on all 
questions concerning the matter of taxation. 

12. If two or more persons should receive the same 
number of votes, of course the proceedings should show it, 
and the contestants should appear before the board of sub- 
directors at their regular meeting on the third Monday in 
March, and decide the matter by lot. Should one of the 
parties not be present, the secretary of the board draws for 
him. * 

13. Organization of the school-board and their duties. 
Two weeks after the time for their election the sub-di- 
rectors meet and proceed to organize. The certificates of 
election of newly elected members are read by the secretary 
and approved by the board. They then reorganize by elect- 
ing a president, secretary and treasurer.* The president 
must be a member of the board, but the secretary and treas- 
urer cannot be. 

The school-board must provide at least six months school 
in each sub-district, unless excused by the county super- 
intendent; hold regular meetings in March and September; 
make contracts to carry out the vote of the district; allow 
all just claims against the district to be paid; have general 
oversight over the election of teachers and the wages to be 
paid them, and make a levy of the amount of money needed 
for the maintenance of the schools. 

14. Duties of Officers of the Board. 

It is the duty of the treasurer to make anannualf report 

*In independent districts of cities and towns the treasurer is 
elected annually by the people. 

•jThe treasurer's annual report embraces the following: 1, The 
amount of teachers' fund held over, received, paid out, and on 
hand. 2, The amount of contingent fund held over, received, 
paid out, and on hand. 3, The amount of school-house fund held 
over, received, paid out, and on hand. 



SCHOOL DISTRICTS. . 21 

of the finance of the district to the county superintendent; 
to have charge of all the funds belonging to the district; to 
keep an account of all money received and paid out, show- 
ing to which fund it belongs; to pay out money only on 
orders signed by the president and secretary, and make a 
statement of finances to the board. There are three funds 
of which he keeps separate accounts, viz., the teachers' 
fund; the school-house fund, and the contingent fund. 
From the first the teachers are paid, the second is for re- 
pairing and building school-houses and the general ex- 
penses are paid from the contingent fund. 

It is the duty of the secretary to keep a record of all the 
proceedings of the board of directors, give notice of the 
township meeting,* which is held on the second Monday in 
March, notify the county superintendent when each term of 
school begins and make an annual^ report to him. He 

*This meeting is frequently unattended unless a tax for build- 
ing purposes is to be voted upon. It is a meeting of all the 
voters in the township, and is organized by choosing a president 
and secretary in case the president and secretary of the school- 
board are- absent. It has the power to authorize the sale of school 
property; to determine whether extra studies shall be taught in 
the schools; to authorize the board to procure, at the expense of 
the township, public roads for the accommodation of the schools; 
or to commit all of these duties by a vote to the board of di- 
rectors; also to vote taxes for building purposes and to transfer 
money from one fund to another. 

JThe annual report made to the county superintendent must 
be handed in between the 15th and 20th day of September. If he 
fails to make this report he forfeits the sum of twenty-five dol- 
lars and is required to make good all losses resulting from his fail- 
ure, and his bondsmen are held for the payment of this sum. It 
contains the following items: 

1— The number of persons, male and female, in his district be- 
tween the ages of five and twenty-one years. 

2 — The number of schools and branches taught. 

3 — The number of pupils and average attendance in each 
school. 



22 ; OUR STATE AND NATION. 

issues and signs all orders made by the board and records 
them, keeps an account of the expenses of the district and 
certifies to the board of supervisors (county officers) the 
amount of taxes the school-board levies. 

As the treasurer and secretary both have duties relating 
to the care of money of the district, and a failure to perform 
their duties faithfully might cause some loss to the district, 
each executes a bond of such amount as the school-board 
determines. A bond is a written agreement on the part of 
the bondsmen to pay to the district a sum sufficient to 
cover all losses that might accrue from the failure of the 
officer, who executes the bond, to perform his duty. 

The president has no bond to execute unless he is per- 
sonally intrusted with the disposition of some property of 
the district. It is his duty to preside at all meeting of the 
board, to call special meetings, to sign all orders for money 
and to sign all contracts made under the direction of the 
board. 

KINDS OF SCHOOL-BOARDS. 

15. There are three kinds of school-boards. The first is 
of the district township which we have been studying; sec- 
ond, the board of the independent district;* third, the board 
of the independent district of the township.* 

4 — The number of teachers employed and their average com- 
pensation, distinguishing males from females. 

5 — The length of school in days and the average cost of tuition 
per week for each pupil. 

6 — The text books used, and the number of volumes in the dis- 
trict library, and the value of the apparatus belonging to said 
district. 

7 — The number of school-houses and their estimated value. 

8— The name, age and postoffice address of each deaf and dumb 
and each blind person within his district between the ages of five 
and twenty-one. 

9— The number of growing trees in each school-house yard. 
*In the independent district, and independent districts of the 



SCHOOL DISTRICTS. 23 

If a railroad should pass through any district township 
and a village should grow up, the people of the sub-district 
containing the village might decide that a better school 
should be provided for than the district township would 
give them, and thus organize their sub-district into an inde- 
pendent district. That independent district would then 
have no connection with the sub-districts still composing 
the district township. It it contained less than five hun- 
dred inhabitants, three directors would be elected, in incor- 
porated towns and cities of the second class there would be 
five members on the board, and in cities of the first class 
and those having special charters the school-board consists 
of seven members. Sometimes each sub-district is changed 
to an independent district. 

A district township may organize itself into an inde- 
pendendent district of the township. Then the directors 
are chosen by the voters of , the whole township from the 
township at large. The number of members correspond to 
the population as in the independent district. This plan 
reduces the number of school officers to a minimum, encour- 
ages the establishing of graded schools for advanced pupils 
and tends to provide a systematic selection of teachers. 

In the two latter boards, the treasurer is never a mem- 
ber, neither can the secretary be a member unless the pop- 
ulation is less than five hundred. 

Compensation. — The president of a sehool board serves 
without pay, but the secretary and treasurer receive such 
compensation as the board may allow. 

township, directors are elected for three years <at the annual 
meeting on the third Monday in March. In districts composed 
in part or in whole of incorporated towns or cities the treasurer 
is elected for one year by the electors at the same time the di- 
rectors are elected. 



24 OUR STATE AND NATION. 



QUESTIONS. 



1. How large is a sub-district, generally? 

2. Name the officers of the school-board and the prin- 
cipal duties of each. 

3. What duty has the secretary that implicates the 
board of supervisors? The county superintendent? 

4. How many district funds are there? What is each 
for? 

5. Give a list of the duties of sub-director. 

6. What are the principal duties of a school-board? 

7. What are the duties of electors at the annual meet- 
ing? 

8. Has the school-board power to transfer money from 
one fund to another? 

9. Who should preside at the annual meeting? 

10. How are tie votes decided? 

11. What is the difference between a civil and congres- 
sional township? 



CHAPTEE III. 

TOWNSHIP OFFICERS. 

16. In studying about school officers we found that the 
township is frequently the unit of the school system. Every 
community of that size has other public business to attend to, 
so in every township we find a set of officers entirely independ- 
ent of the school officers. The public highways must be 
cared for and the cemeteries kept in order. There will neces- 
sarily be expenses which the people should pay in proportion 
to their wealth; thus an officer is required for the purpose of 
making a list of the people who own property, and affix a valu- 
ation, so that each may be called upon to pay his share. 
Wherever people live as neighbors, they will have some busi- 
ness in common and it always has been, that differences which 
cause trouble will arise between some of the people. Officers 
whose duties are those of a judge are therefore necessary. 

17. There are three officers, called Trustees, who oversee 
the general public business; such as roads, cemeteries, etc., 
and watch after the welfare of the whole community. 

There are three ways in which they may attend to the roads. 

(1.) If the people at the last election decide to pay road tax 
in money rather than in work on the roads, they may con- 
tract with reliable parties to do the work. This is done by 
advertising, and letting contracts to the lowest responsible 
bidders. (2.) They may appoint a road supervisor, who shall 
have charge of all the roads of the township. (3.) They may 
divide the township into road-districts and have the people of 
each road district elect a supervisor. 

They should look after the public health in every way they 
can, and care for the poor. If anyone, who is likely to become 

25 



26 OUR STATE AND NATION. 

a public charge, moves into the community, it is their duty to 
notify him to move on, or return him to the county from 
which he came, so that the township will not have to bear the 
expense of caring for him. They may compel relatives to 
support poor persons or seize the property of persons who 
abandon near relatives, who might become chargeable on 
the public. Sometimes it might be much to the advantage of a 
community to have a railroad pass thru the township and a 
little aid from the people might secure them the road that 
otherwise might pass some distance away. The trustees may 
submit to a vote of the people the question whether a tax be 
levied to aid in building the railroad to pass thru their town- 
ship. All other questions involving unusual taxation must be 
submitted by them to the people. 

If two farmers should have some difficulty about stock 
breaking thru a fence, it would be the duty of the trustees 
to view the fence and decide whether or not it is a lawful 
one. If any person should complain that the one who 
assessed their property assessed it too high, the trustees should 
investigate the matter at the proper time. As they have 
considerable business to attend to for the township, they 
should keep a record of their proceedings, and for this purpose 
an officer, called the township clerk, is elected. They must 
secure a place for holding elections and also oversee them. 
They require the township clerk to give sufficient bond to 
insure the safe-keeping of the township's money and the road 
implements and tools that are in his care. The road super- 
visors give bonds that are approved by them. "When any 
vacancy ocurs in any township office they fill it by appoint- 
ment, but in case there are no trustees the clerk appoints and 
if there is also no clerk, the auditor of the county appoints. 

This power of appointment frequently saves the people 
the expense of an election and gives general satisfaction. 

The trustees receive two dollars per day when engaged in 
official business. When acting as fence viewers or in any 
similar capacity, they are paid by the parties requiring their 



TOWNSHIP OFFICERS. 2? 

services. "When assessing damages caused by trespassing 
animals their fees are one dollar each, per day. 

18. The Township Clerk, besides having the duties al- 
ready mentioned, is one of the clerks at election. He is re- 
quired to post at the place of voting a statement of all the 
receipts and disbursements of his office for the preceding year. 
He preserves the poll-book which contains the names of all the 
voters. He posts up a list of all the township officers and if 
there should be a tie vote he notifies the contestants to appear 
before him and one of the trustees to decide their election by 
lot. The names of township officers are reported to the county 
auditor by him and he approves the bonds of all township 
officers except his own and those of road supervisors. 

When a vacancy occurs in any office in the township he 
notifies the trustees to meet with him to fill the vacancy. He 
makes out a plat of the roads to give to the road supervisors 
and also gives them a highway tax list. He receives the 
money due his township from the county treasurer on the last 
Mondays of April and October. If a highway supervisor 
neglects to do his duty the clerk must bring suit against him. 

Someone in the township may own swamp or marsh lands 
that he wishes to drain but cannot make satisfactory terms 
with those thru whose land the drain must pass. He may 
file an application for the drain with the township clerk, who 
charges him a small fee, and notifies the trustees, who settle 
the case according to law as their judgment dictates. 

In some counties where there is no stock law the owners of 
animals running at large may brand them and have their 
brand or mark recorded by the township clerk. 

This officer is allowed two dollars per day while engaged in 
official business and a per cent (from 2 per cent to 5 per cent) 
of all the township money handled by him, except that which 
he receives from his predecessor in office. Part of his income 
arises from fees. 

19. We have noticed that some one must make a list of all 
the taxable property and property owners, so that the taxes 



2S OUR STATE AND NATION. 

may be justly apportioned among the people. The Assessor 
is the officer who does this, with the assistance of the property 
owners. He makes a list of those subject to military duty and 
an enumeration of all the children of deceased soldiers, that 
must contain the name, age, and sex of each child, and the 
company and regiment to which the father belonged. He 
meets with the trustees who correct his books and equalize 
assessments on the first Monday in April of each year. One 
copy of his assessment roll he leaves with the clerk and returns 
the other to the county auditor. Every odd-numbered year 
he gathers statistics relating to crops of all kinds of the 
previous year, the acreage of the different kinds of grain, the 
number of heads of each kind of stock, the orchards, forests, 
groves, etc. Every tenth year, beginning with 1875, he takes 
a census of his township. 

Before entering upon his work he executes a bond for the 
faithful performance of his duties. His compensation is not 
more than two dollars per day, as allowed by the county 
supervisors. 

20. Justices of the Peace are officers whose duties are 
similar to those of judge. They are really county officers, 
tho elected by the people of the township in which they reside. 
Lawsuits may be tried before them if the amount involved 
does not exceed one hundred dollars, or three hundred dollars 
if the parties consent. Criminal cases may be tried before 
them if the greatest punishment for the crime involved does 
not exceed a fine of one hundred dollars or imprisonment for 
more than thirty days. 

A justice cannot try cases that arise outside of the county, 
and his jurisdiction may be restricted within the county. 
When an offense has been committed beyond a justice's 
jurisdiction and the case is brot before him for trial, it is his 
duty to make a preliminary examination of the offense. If the 
facts and evidence are such as to warrant it, he must bind the 
offender over to the district court, in such bail as the law 
directs and his judgment suggests. In any case tried before 



TOWNSHIP OFFICERS. 29 

him,, when a jury is demanded, he must grant it. The jury 
consists of six members, unless the parties agree on a smaller 
number. Each party in the suit is entitled to three per- 
emptory* challenges against jurors presented. 

Actions in a justice court are commenced by voluntary 
appearance of all the parties concerned or by notice. The 
notice must be signed by the plaintiff, his attorney, or the jus- 
tice before whom the action is commenced. It is then de- 
livered to the Sheriff or any constable of the county to be 
served upon the defendant. The trial must be held within 
fifteen days from date of notice and the notice served at least 
five days before the trial day. The defendant, in civil cases, 
may, at any time, stop the proceedings by paying the amount 
of the claim with the costs that have accrued. 

Before the trial if either party thinks he cannot receive 
justice at the hands of the officer before whom the action is 
brought he may file an affidavit stating the fact and have the 
trial before another (nearest resident) justice. Or if one of the 
parties wants the justice as one of his witnesses he may have 
the place of trial changed. This is called a change of venue. 
When a boy or girl is convicted of crime in his court, the 
justice may send the offender to the district judge (see para- 
graph 48) to be ordered to the reform school. He may 
solemnize marriages, bind over disorderly persons to keep the 
peace, and take acknowledgments of signatures to deeds, 
mortgages and other papers. 

Each justice keeps a record of all his official acts. As he is 
a county officer his bond is filed in the office of the county 
clerk (clerk of district court). All fees he receives in excess 
of a certain salary, which varies according to population of 
his township, he must turn over to the county treasurer. 

21. For the purpose of summoning jurors, subpoenaing 
witnesses, serving notices on defendants, and in general wait- 
ing upon the justice's court, an officer called a Constable is 

*See paragraph 51. 



30 OUR STATE AND NATION. 

elected. As there are two justices elected in each township, 
so are there two constables. The latter are also county 
officers. They must serve all notices, warrants, and other 
processes lawfully directed to them by the trustees or clerk of 
any township, or by any court. They are peace officers, and 
as such must suppress all disorder. Their compensation arises 
from fees and they must turn over to the county treasurer all 
they receive in excess of a certain salary, which depends upon 
the population of their township. Their bonds are filed in the 
office of the county auditor. 

22. Each Road Supervisor obtains from the clerk a plat 
of the roads of his district and a highway tax-list which com- 
prises the names of all those who should pay road tax. They 
see that the road tax is worked out or paid to them in money. 
They are required to give each person a receipt showing that 
the tax is paid, if it is paid; if not they return the list of un- 
paid taxes to the clerk, who reports the same to the county 
auditor and the auditor in turn reports it to the county 
treasurer. They must require each able-bodied man between 
the ages of twenty-one and forty-five to work on the road two 
days or pay an equivalent in money . 

If proper notice has been given highway supervisors, they 
are liable for any damages resulting from this neglect of duty. 
They receive two dollars per day for time necessarily spent in 
performing the duties of their office. 

23. An assessor, a clerk, two justices, two constables and 
a road supervisor for each road district are elected in even 
numbered years, each serving two years. One trustee is 
elected each year. The bonds of township officers are depos- 
ited in the office of the county auditor. 



QUESTIONS. 



1. What relation exists between the trustees and clerk? 

2. Who constitutes the board of health? Of equalization? 



TOWNSHIP OFFICERS. 31 

3. How do the duties of constables relate to clerk and 
trustees? 

4. What duties of clerk depend upon those of assessor? 
How? 

5. How do the duties of road supervisor depend upon 
those of clerk? 

6. What township officers are not required to give bonds? 

7. How are vacancies filled? 

8. If estray animals should die on the highway, who 
should remove them? 

9. What officers elected in the township are county 
officers ? 

10. May the roads of a township be attended to without 
road supervisors? How? 



SUBPCENA. 

State of Iowa, 



County. ' 



To (name or names of parties subpoenaed.) 

In the name of the State of Iowa, you are required to appear 
at the office of the undersigned, a Justice of the Peace, in and 

for the township of in said County, at o'clock, 

M., on the day of , 1898, to testify 

in a suit wherein , Plaintiff, and , 

Defendant, for the (Plaintiff or Defendant.) 

Given under my hand this day of A. D. 1898. 



Justice of the Peace. 
I hereby certify and return that the above came into my hands 

for service on the day of , 1898, and that on 

the day of , 1898, I personally served the 

same upon the within named (here insert names of 

parties) by reading said subpoena to (name or 

names of parties.) 



Constable. 
Constable Fees: 

Service $ 

Mileage $ 



Filed , 1898. 

Justice of Peace. 



CHAPTEE IV. 

CITIES AND TOWNS. 

24. We have examined the manner of attending to the 
public business in townships where the population is not 
crowded. Where the population is dense there will be more 
public business, and more public needs. Regulations must be 
more numerous, and greater care must be taken to protect the 
people against disease. Such conveniences as sidewalks, and if 
the town is large enough, water-works and electric lights may 
be provided. Thus a city or town should have a government 
independent of the township government. When a village is 
started and the people recognize that they should have a town 
government, twenty-five of the qualified electors of the com- 
munity that is to be incorporated sign a petition asking that 
their village be incorporated. The petition must contain an 
accurate plat of the land, correctly located, the proposed name 
of such city or town, and satisfactory proof of the number of 
inhabitants within the territory embraced in the limits of the 
town. It must be presented to the District court of the proper 
county and the court at once appoints five commissioners, who 
call an election of the people of the proposed town by giving 
three weeks' notice. The commissioners oversee and attend to 
the election, and if a majority vote in favor of incorporation, 
they file a report with the clerk of the court who records it. 
After this is approved, the commissioners give two weeks' 
notice of an election, at which all the officers of the town are 
to be elected. When the officers are elected and the court has 
approved the election and recorded it, and the clerk has sent 
one copy of the notice with proof that it has been published 
to the office of the recorder to be filed and one to the office 
of the Secretary of State at Des Moines, the incorporation is 

32 



CITIES AND TOWNS. 33 

complete. The town then has a right to make and enforce 
its own laws. It can levy additional taxes, enforce the build- 
ing of sidewalks, and provide other public conveniences as will 
best subserve the public interest. 

During the Colonial period of our country's history, several 
colonies were governed by special charters which granted 
them, to some extent, the right of self government. These 
charters were written documents signed by the King and per- 
mitted special privileges not allowed to other colonies. The 
charter of Connecticut allowed that colony to elect their own 
governor, while the King reserved the power to appoint the 
governor in most of the colonies. In the early history of our 
state, cities were governed in a similar manner. A number of 
our cities* are still governed by special charters granted 
them by the legislative power of our state before the adoption 
of the new constitution in 1857 A. D. The new constitution 
forbids the granting of special charters to cities and towns. 

25. Cities of the first class are those having a population 
of over 15,000; those of the second class have a population of 
over 2,000, and incorporated towns of less than 2,000. They 
hold elections jn the last Monday in March. 

26. Incorporated towns are governed by a council of six 
trustees, a mayor, and recorder. Any five of these constitute 
a quorum for the transaction of business. The mayor and 
recorder hold office for two years and the trustees for three 
years, two being elected each year. The mayor presides over 
all meetings of the council when present and has a vote on all 
questions coming before them. The recorder is clerk of the 
council and records their proceedings, but has no vote. The 
council may provide for the election of a treasurer and other 
subordinate officers, and define their duties and fix their com- 
pensation. They appoint a marshal, whose duties are similar 
to those of a constable. The council has power to fill vacan- 
cies or remove any officer of the town from office. It is the 

*Keokuk, Winterset, Glenwood, Cedar Rapids and Dubuque. 
3 



34 OUR STATE AND NATION. 

board of health, must oversee the poor, and make such laws or 
ordinances as are best for the town and permitted by the 
statutes of the State. 

In cities of the second class the council consists of two 
members chosen from each ward. They serve two years. In 
cities of the first class the council consists of two members 
from each ward and two at large. Their term of office is 
two years. 

In cities the duties of the council are more numerous and 
extended than in incorporated towns. Cities of the first class 
are permitted to have different arrangements than those of 
the second class, and the larger cities enjoy a few special 
privileges not given to the smaller ones of the first class. 
Thus larger cities have all the powers of smaller ones and 
some additional powers. 

SUMMARY OF DUTIES. 

In general the council possesses all the legislative powers 
granted a city or town; manages and controls the finances of 
the city; organizes fire companies; establishes a city watch or 
police; has care of all public property; controls and keeps in 
repair all streets, alleys and bridges; and has exclusive right 
(with some exceptions) to grant licenses for the establishment 
of special industries that, according to the state laws, require 
license. It is the board of equalization of taxes for the city 
and it may take any special measures it deems proper for 
best administering to the poor or dealing with criminals. 

27. In cities the Mayor is elected for two years. He 
presides at the meetings of the council and signs all commis- 
sions, licenses, permits, and acts of the council which require 
his signature, but has no vote except in case of a tie or on 
questions requiring more than a mere majority to carry where 
his vote will affect the result. As chief executive officer of 
the city, it is his duty to see that all ordinances and regula- 
tions of the council are enforced, He should see that all 



CITIES AND TOWNS. 35 

disorder and riots are suppressed and perform all duties the 
council may require of him. 

He also acts as justice of the peace. He may solemnize 
marriages, arrest persons fleeing from justice, consent to the 
adoption of a child, and surrender a boy or girl to the home of 
the friendless. He looks after the conduct of city officers, 
and causes violations and neglect of duty to he corrected or 
reported for punishment. 

28. The City Assessor has the same duties as the town- 
ship assessor. In large cities the assessor is allowed to appoint 
assistants. His term of office is two years. 

29. The Marshal is appointed by the Mayor. His duties 
in cities are about the same as in incorporated towns. He is 
the head of the police department. 

30. The Treasurer receives and keeps all funds belong- 
ing to the town or city, and pays it out only on orders from 
the proper authorities. 

31. The Clerk or recorder has charge of all public records, 
documents, ordinances, resolutions, and orders of the council. 
He keeps a record of all the proceedings of the council and 
draws warrants upon the treasury only on their vote. He is 
provided with a city seal, which he affixes to all orders or cer- 
tificates as authorized by the laws of the state or the ordi- 
nances of his city. 

OTHER CITY OFFICERS OF LARGER CITIES. 

32. Cities of the first class elect a city Auditok, who has 
general charge of the finances of the city, audits all accounts 
and performs such other duties as the council may require of 
him. Cities also elect a police judge if there is no superior 
court, who has the same powers as a justice of the peace in 
all criminal cases. 

The Civil Engineer has general oversight of grading 
the streets, laying of drains, etc. 



36 OUR STATE AND NATION. 

The Solicitor is the city's lawyer. They are elected for 
two years. 

Street Commissioners and Weighmasters are ap- 
pointed by the council. 

City officers give snch bonds as the council may require. 

33. For convenience it is found best for large cities to 
have courts of their own for the trial of cases above the 
jurisdiction of a justice, so that the district court of the 
county may not be crowded. Accordingly, cities having a 
population of over 7,000 may establish a superior court 
if a majority vote in favor of it. The judge of this court is 
elected for four years, and after his election must receive a 
commission from the Governor of the State empowering him 
to act as judge. He gives a bond to the State of Iowa in the 
sum of $4,000 which must be filed with and approved by the 
mayor. His salary is two thousand dollars per year. He must 
be a practicing attorney in order to be elligible to the office. 

Officers elected in cities of first class: Mayor, solicitor, 
treasurer, auditor, city engineer, assessor, and police judge 
where there is no superior court. 

In cities of second class: Mayor, solicitor, treasurer and 
assessor. In incorporated towns: Mayor, clerk, treasurer and 
assessor. 

QUESTIONS ON CHAPTER IV. 

1. Explain why a city should have a different government 
from a township. 

2. Tell how a village may be incorporated. 

3. Define first class city, second class city, incorporated 
town. 

4. Who makes the laws of a city? 

5. What officer sees that the laws are enforced? 

6. Name the officers who execute the public business. 

7. Give the principal duties of each. 

8. What officers have power to try offences against the laws 
gf a city? 



CITIES AND TOWNS. 3? 

9. To what extent does a police judge have jurisdiction? 

10. How is a superior court established? Why is it 
needed? What must the judge do before he enters upon his 
duties? 

11. Give a list of the general duties of a council. 

12. How many councilmen in cities of the first class? 
Second class? In incorporated towns? 

13. In which does the council have the greatest power? 

14. Why are not salaries of city officials fixed by law? 

15. Can you show why it is best for a city to build scales 
and appoint weighmasters to weigh produce brought to the 
city? 

16. What is the date of city elections? 

17. What officers besides members of the council are 
elected in cities of first class, in cities of second class, in 
incorporated towns? 

REVIEW. 

34. W T e have seen that in cities and towns there is the 
council that makes the laws. There is the mayor who en- 
forces the laws; e. g., when the council has ordered a side- 
walk made and the parties owning the property adjoining the 
proposed sidewalk neglect to obey, the mayor may have the 
walk built and the amount charged to the owner. Then if 
the owner neglects to pay it, the expense of the walk becomes 
a lien on the property and the owner cannot sell it and give 
a clear title to the property until the lien is paid off. 

There are the justices of the peace, the police judge and 
superior court where offences against the law may be tried. 
The clerk or recorder, treasurer, marshal, assessor, superin- 
tendent of markets, weighmaster, civil engineer, and street 
commissioner belong to the list with the mayor, for in at- 
tending to their duties they are carrying out or executing 
the laws. 

The law-making power is called the legislative depart- 
ment, the law-enforcing power, the executive depart- 



38 OUR STATE AND NATION. 

ment and the power which, tries cases and decides whether or 
not any law has been violated is called the judicial depart- 
ment. 

In city government we find these departments more nearly 
separated than in the township government. However, we 
find the mayor is a judicial officer as well as executive 1 , as he 
has the same power as a justice of the peace. The council 
has some executive powers, as it appoints some of the execu- 
tive officers and may remove any officer for neglect of duty. 
If any officer is accused of neglect of duty the council may 
give his case a hearing. In such instance they exercise 
judicial power. 

The township trustees exercise all three powers to some ex- 
tent and so do school-boards. 



QUESTIONS. 



1. Name the three departments of government. 

2. Define each. 

3. When does a mayor exercise judicial power? Executive 
power? 

4. What powers of township trustees are executive? 
Which judicial? Which legislative? 

5. Name the officers of a township whose duties are execu- 
tive. 

6 Name those whose powers are judicial. 



CHAPTEE V. 

COUNTY GOVERNMENT. 

35. It would be expensive for each township to establish a 
poor-house or to have an officer for the purpose of keeping 
a record of the lands and who owned them so that a land- 
owner could prove his title to his land. A township could ill 
afford to hold a court for the trial of cases that are beyond 
the jurisdiction of a justice; and as it would be very incon- 
venient for a township to attend to this and other local public 
business it is found to be much to their advantage for several 
townships to unite for this purpose. This gives us the divi- 
sion of the county. 

The average size of counties is about twenty-four miles 
square; thus comprising sixteen townships. Some counties 
are larger and some smaller. The largest contains twenty- 
eight and the smallest about ten or eleven congressional town- 
ships. Our state constitution forbids the formation of new 
counties containing less than four hundred thirty-two square 
miles except those along the northern boundary of the state. 

In the county there are officers who look after the general 
business and are to the county much as the trustees are to 
the township. They constitute the board of supervisors. 

We have learned that the township clerk is clerk of the 
board of trustees and also treasurer of the township. These 
duties and others occupy but a portion of his time, but the 
same duties extended to the larger county government, to- 
gether with some additional, are so large that they must be 
divided among several officers, the auditor, the treasurer and 
recorder. There are no county officers corresponding to as- 
sessor and road-supervisors. The duties corresponding to 
those of justice of the peace are divided between the clerk and 

39 



40 OUR STATE AND NATION. 

judges of the district court. The sheriff is the county con- 
stable. 

36. The Board Of Supervisors make such orders con- 
cerning the property of the county as they deem expedient; 
examine and settle all accounts of receipts and expenditures 
and allow all just claims against the county, unless otherwise 
provided for by law; build and keep in repair the necessary 
buildings for the use of the county and courts and keep them 
insured. If there are no county buildings they may secure suit- 
able rooms for county purposes. They may set off, organize 
and change the boundaries and names of townships; grant li- 
censes for keeping ferries in their respective counties as pro- 
vided by law; purchase real estate for the use of the county or 
sell property in their charge; require any county officer to 
make a report, under oath, to them on any subject connected 
with the duties of his office and require any such officer to give 
bonds, or additional bonds, as shall be reasonable or necessary 
for the faithful performance of his several duties. They have 
power to remove any county officer from office for neglect of 
duty. 

They represent their respective counties and have care and 
business of the county in all cases where no other provision 
is made; manage and control the school fund;* fix compensa- 
tion of county and township officers not otherwise provided 
for by law, establish, alter or discontinue a county highway; 
provide for the erection of all larger bridges which may be 
necessary, and keep them in repair; determine what bounties 
in addition to those already provided for by law, if any, shall 
be offered on the scalps of such wild animals tal^en and killed 
within their county, as they may deem it expedient to exter- 
minate. (No such bounty shall exceed five dollars.) 

They exercise all powers in relation to the poor given by 
law to county authorities; canvass the returns of county elec- 
tions^ equalize assessments of the townships; and submit to 

*See paragraph 103. 
fSee paragraph 104. 



COUNTY GOVERNMENT. 41 

the people questions of erecting buildings or bridges costing 
over $5,000, of changing location of county seat, of whether 
animals shall run at large, and of whether a higher rate of 
tax than that allowed by law shall be levied. 

They levy taxes; provide ballot boxes and booths for each 
voting precinct; and furnish justices of peace with dockets. 

The board of supervisors generally consists of three mem- 
bers, but may consist of five or seven as the people desire. 
They are elected for a term of three years and one third of 
the board is elected each year at the regular annual election. 
Their regular annual meetings are on the first Mondays of 
January, April, June, September and the first Monday after 
a general election. 

They receive four dollars per day when engaged in session 
business and two dollars and fifty cents per day while en- 
gaged in committee business; also five cents per mile mileage 
going to and returning from their work. 

37. The County Auditor is clerk of the board of super- 
visors. He keeps a record of their proceedings and furnishes 
them to newspapers for publication. He may fix date and 
give notice of special meetings of the supervisors when re- 
quested by a majority of the board. He has general custody 
of the courthouse. If an assessor of any township fails to 
take the census when required, he appoints some one to do it. 
"When a new township is organized he issues a warrant for 
election therein. He furnishes poll-books for election pre- 
cincts; election returns are made to him and he gives notice 
to contestants who have received an equal and highest num- 
ber of votes for the same office, to meet at his office on a 
certain day to decide the case by lot. He issues certificates 
of election to county officers and keeps their bonds. His own 
bond, however, is kept by the treasurer. At any trial of con- 
tested elections he is clerk of the court, which is comprised of 
the chairman of the board of supervisors and two persons 
whom the contestant and incumbent select. When a vacancy 
occurs in the office of justice or constable, he notifies the 



42 OUR STATE AND NATION. 

township clerk and approves the bonds of officers appointed 
to fill the vacancy. Eesignation of county officers are made 
to him. He makes out the tax list of the county; attends 
tax-sales and keeps a record of them; enters poll tax not paid 
in labor or money on the tax list to be collected by treasurer; 
and apportions the school tax and school fund* to the various 
districts. 

Every transfer of real estate in the county is recorded in 
his office in a transfer book and the names of owners are en- 
tered on a plat book, so that in his office anyone may find who 
is the owner of any piece of land in the county. 

He draws all warrants on the county treasury, under or- 
ders of the board of supervisors, except jury fees to which the 
supervisors do not certify. 

There are other duties of this officer, but these are the 
most important. His compensation cannot exceed twelve 
hundred dollars per year inclusive of fees unless the popula- 
tion of the county is over twenty-five thousand. The board 
of supervisors may, when they think it just and necessary, 
allow him to employ a deputy clerk at a salary of not more 
than six hundred dollars unless the population, of the county 
is over twenty-five thousand, then they grant such additional 
sum as they deem proper. He is elected in even numbered 
years. 

38. Until the late change in the code collectors were al- 
lowed to be elected in each township of a county except the 
one containing the county seat if the county had a popula- 
tion of over seven thousand. The collector collected the 
taxes by sale of property if unable to do so by other means, 
and was allowed a commission on all money he collected. 
Experience showed that this was not economical and at pres- 
ent the treasurer appoints collectors to assist him in collecting 
delinquent taxes. These receive a commission on the money 
they collect. 

*See paragraph 103. 



COUNTY GOVERNMENT. 43 

39. The County Treasurer lias charge of all the money 
belonging to the county and pays it out only on warrants 
signed by the auditor and sealed with the seal. He keeps a 
true account of receipts and disbursements. 

All taxes not collected by a collector must be paid to him. 
Taxes are due on the thirty-first day of December, but if half 
is paid before April 1 the remainder may be left unpaid until 
the first of October. If unpaid, taxes are delinquent and the 
property must be sold by the treasurer after the proper notice 
has been given. 

When land is sold a certificate is given the purchaser which 
is a lien on the land. 

As he receives all the money of the county, the township 
clerks and treasurers of school-boards call on him at stated 
times, as provided by law, for amounts due them. He makes 
monthly statements to the State Auditor at Des Moines and 
in April and December pays all money in his possession, be- 
longing to the state, into the state treasury. 

The treasurer receives a per cent of all money handled by 
him to the amount of not more than fifteen hundred dollars 
with not more than nine hundred dollars for clerk hire, unless 
the population of the county is over thirty thousand and not 
more than three hundred if population of county is less than 
10,000, then the board of supervisors may allow such addi- 
tional compensation as they think just and proper. This 
officer is elected in odd-numbered years. 

40. The County Recorder must keep his office at the 
county seat as do all county officers who devote their full time 
to duties of their offices. He records, carefully and promptly, 
all instruments in writing which may be delivered to him for 
record, in the manner directed by law. Such instruments are 
deeds, mortgages, articles of incorporation, evidence of titles 
of land held under grants and certificates of physicians. 

He records no deeds for land until the same have been en- 
tered on the transfer-book of the auditor. The records in 
his office show who received the original deeds for land, in 



44 OUR STATE AND NATION. 

his county, from the Government and all the changes in 
ownership from the original entry down to the present time. 

For recording each instrument of four hundred words, he 
receives fifty cents; for every one hundred additional words 
or fraction thereof, ten cents. If his office becomes vacant 
the auditor discharges his duties until the vacancy is filled 
by the board of supervisors. The recorder is elected in even 
numbered years. His salary in counties of less than 25,000 
population cannot exceed $1,200.00 nor more than $1,500.00 
in any case. He may have an assistant who is paid not more 
than $900.00. The fees of the office must pay all salaries. 

41. We have learned that in every county there is a 
higher court in which cases are tried that are beyond the 
jurisdiction of the justices. This court meets at least four 
times per year and every county has an officer who keeps a 
record of its proceedings; he is called the Clerk of the Dis- 
trict Court. 

He issues license for marriage and keeps a record of mar- 
riages, births and deaths which he sends to the Secretary of 
State at Des Moines. When court is not in session lie ap- 
points guardians, administrators and executors. Anyone 
having a will in custody* should file it as soon as he hears of 
the death of the testator. f The clerk then opens and reads 
the will and appoints a day for proving! it. This is called 
probating a will. * 

Bonds of justices of the. peace are filed in his office. His 
compensation cannot be over eleven hundred dollars per year 
unless the population exceeds ten thousand. His salary varies 
as the population, but cannot be more than twenty-two hun- 
dred dollars per year. 

The board of supervisors may, in addition to the salary, 
allow the clerk out of probate fees an additional compensation 
not exceeding $300.00. 

*Having charge of the will while the testator lives. 

tThe one who makes the will. 

JHearing evidence concerning the validity of the will. 



COUNTY GOVERNMENT. 45 

The clerk, with the consent of the board of supervisors, 
may appoint a deputy who, in counties of 20,000 or less, shall 
receive a salary not exceeding one-half the sum allowed the 
clerk; in counties above 20,000 and not above 35,000 one or 
more deputies may be employed, their total compensation not 
to exceed $1,500, except where court is held in two places 
in the county; then the deputies' salaries may not exceed 
$2,000. In counties of 35,000 and less than 40,000, deputies' 
salaries shall not exceed $2,000; in counties having a popula- 
tion of 40,000 and over, deputies' salaries shall not exceed 
$5,000. 

42. We have learned that the constable waits upon the 
justice court, subpoenaing witnesses and jurors. In the same 
way the Sheriff waits upon the district court. He may also 
attend a justice court and perform the duties of a constable. 
When any warrant for an arrest is committed to him he must 
make the arrest and must execute any other legal process com- 
mitted to him. He has charge of the jail of his county and 
the prisoners. He may appoint any number of deputies he 
sees fit, all of whom are conservators of the peace, and when 
necessary to keep the peace or prevent crime they may call 
any person to their aid. In extreme cases the sheriff may 
call the militia. 

In executing bill of sale on foreclosure of chattel mortgage 
or to satisfy judgment of court the sheriff musts seize and 
selll property, but in any such sale he cannot buy the property. 
He executes judgments of the district court. If it sentences 
a criminal to the states prison he conveys the prisoner thereto, 
and when a death sentence is pronounced by the court the 
sheriff must execute the prisoner. 

He must give notice of any general election by publishing 
the Governor's proclamation* ten days prior thereto. In tak- 
ing private property for public use, in case the parties disagree 
as to just amount of damages, he may appoint a jury to assess 

*See Appendix, ch. viii, 



46 OUR STATE AND NATION. 

the same. When a juryf is deliberating upon a case he must 
supply them with food, as the judge may direct. 

The compensation of the sheriff consists of fees which vary 
according to the work involved in attending to the duties. In 
counties of less than 28,000 population he may keep all fees 
paid to him not in excess of $2,000. Each sheriff is allowed a 
deputy, who may be paid a salary of not more than $1,000 and, 
if the board of supervisors deem it necessary, two or more at 
a salary of $1,000 each. In counties having a population of 
more than 28,000 and less than 45,000 the sheriff must pay 
into the treasury all fees in excess of $2,000; if the population 
exceeds 45,000 he is allowed to keep $2,500. He is also 
allowed remuneration for all necessary expenses actually paid 
by him in serving process in criminal cases. In such counties 
he is allowed no salary. He is elected in odd-numbered years. 

43. The C OUnty Superintendent has general oversight 
of the schools of the county, examines teachers who are desi- 
rous of teaching and if they prove to be competent in scholar- 
ship, of good moral character, able to govern and apt to teach, 
he may give them a certificate for not more than two years. 
He may also revoke a certificate for any cause for which he 
would withhold it. 

When anyone is aggrieved by the decision of the board of 
directors he may appeal it to the county superintendent. In 
October of each year he makes a report to the State Superin- 
tendent of Public Instruction, containing a full summary of 
reports made to him by the secretaries and treasurers of the 
school-boards in the county. He holds a normal institute for 
the instruction of teachers, and those who may desire to teach, 
and he may secure such assistance as he may need to conduct 
the same. To meet the expenses of the institute he shall 
require from each one attending, one dollar registration fee, 
and the same from each applicant for a certificate. There 
is an institute fund appropriated by the state to each county 

•fSee 50 and 51. 



COUNTY GOVERNMENT. 47 

to help pay the expenses, and the board of supervisors may 
appropriate an additional sum for that purpose. 

This officer receives four dollars per day for each day spent 
in discharge of his official duties, and the board of supervisors 
may allow additional compensation. He is elected in odd 
numbered years. 

44. The County Attorney is the county's lawyer and 
must prosecute offenders of the law, give advice to county 
officials in matters pertaining to their official duties, attend 
the grand jury* and give them advice in any legal matter. His 
compensation cannot be more than fifteen hundred dollars (if 
court is held in two places in the county, it may be two thou- 
sand dollars), according to the population of the county and 
the liberality of the board of supervisors. He is elected in 
even numbered years. Besignation of this officer must be sent 
to the Governor. 

45. The principal duty of the Coroner is to hold inquests 
over the body of any person who dies in an unusual manner. 
When holding inquests he appoints three persons to act as 
jurors and has power to summon witnesses and compel them 
to give testimony. He may also call one or more physicians to 
assist in the examination. He keeps a record of the evidence 
and the conclusion of the jurors, which is returned to the dis- 
trict court with a list of the witnesses. If during the progress 
of the examination it appears that a crime has been committed 
the coroner may have the party or parties on whom suspicion 
rests arrested. 

If the office of sheriff becomes vacant or in cases where the 
sheriff is personally interested or prejudiced, the coroner per- 
forms the duty of that officer. He receives five dollars for 
holding and returning an inquest, three dollars for viewing 
a body without holding an inquest, and five cents per mile for 
every mile traveled in going to and returning from an exam- 
ination or inquest; for issuing a subpoena, warrant or order for 

*gee 50 and 51, 



48 OUR STATE AND NATION. 

a jury, twenty-five cents. These fees are paid out of the 
county treasury, when they cannot he obtained from the estate 
of the deceased. The coroner is elected in odd-numbered 
years. 

46. The County Surveyor does the surveying of the 
county unless he appoints a deputy who may do it. His survey 
is presumed to be correct. Anyone wishing surveying done 
pays the expenses.* Once each year he must determine the va- 
riation of the magnetic from the true meridian. The surveyor 
is allowed four dollars per day, and the chainmen and other 
assistants may be hired by the party having the work done, but 
must be disinterested parties and are required to take an 
oath that they will faithfully perform the work. The surveyor 
is elected in odd numbered years. 

47. The treasurer, auditor, clerk of the district court, 
recorder, sheriff and superintendent are provided with office, 
fuel and lights. 

The code of our State allows women to serve as superintend- 
ent and recorder, and as the recorder may serve as auditor or 
as treasurer, the question of whether or not women can law- 
fully serve as auditor or treasurer might arise. Suppose some 
people of a county should believe that a woman can lawfully 
be treasurer and should elect one to that position; but some 
persons of the opposing party should object to such election 
on the ground that it is unlawful, they would bring what is 
known as "quo warranto" proceeding in the District Court.f 

If the people of a small county should wish to curtail ex- 
penses, and the duties of treasurer and recorder were not too 
heavy for one office, they would have the right to. elect one 
man to both positions. They could also elect one person to 
the positions of auditor and clerk of the district court. 

*A compass does not point directly north and south in our 
State, and it varies at times, sometimes pointing more nearly 
north than at other times. The variation in our State is from 
10 to 12 degrees east of the true meridian. 
\ See next chapter, 



COUNTY GOVERNMENT. 49 

The Commissioners f of Insanityare three in number 
in each county. The clerk of the district court is one and the 
judge appoints the other two, one of whom must be a lawyer 
and one a physician. They have general oversight of the in- 
sane in public charge in the county, and of application for 
admission to the insane hospitals of the state. 

QUESTIONS. 

1. Give some reasons why it is best to have the division of 
the county. 

2. What is the size of counties? 

3. What constitutes the legislative power of a county? 

4. Give some of the principal duties of this body; their 
compensation. 

5. Give the principal duties of auditor. 

6. Give the principal duties of treasurer. 

7. What is the compensation of auditor and treasurer? 

8. Who canvasses the county election returns? 

9. Give principal duties of recorder. 

10. Give principal duties of clerk of district court. 

11. What compensation do the clerk and recorder receive? 

12. Give the principal duties of Sheriff. What is his com- 
pensation? Who may act in his stead in case of his disability 
or a vacancy of his office? 

13. What are the chief duties of the superintendent? 
What is his compensation? 

14. What are the chief duties of the county attorney? 
His compensation? 

15. What are the duties of the coroner? When are his 
fees paid by the county? 

16. How is the surveyor paid? 

17. How and when may a county officer be removed: 

18. With whom are resignations filed? Give reasons why 
it is best for resignations to be filed with this officer? 

tSee paragraph 117. 



50 OUR STATE AND NATION. 

19. Who changes the names and boundaries of townships? 

20. May a person fill two offices of a county? In what in- 
stances. 

21. To which offices are women eligible? 

22. Which officers are provided with offices, lights and 
fuel? Which are elected in even numbered years? In odd 
numbered years? Which for three years? 

23. What officers elected by townships are county officers? 

24. Where must a physician have his certificate recorded? 

25. What is probating a will? Who is the testator? 

26. What is a tax sale? What officer makes such sales? 

27. What reasons can you give that county officers except 
supervisors should give bonds? What reasons are there that 
supervisors should not give bonds? 

28. What duty of a township clerk in newly settled dis- 
tricts correspond to those of a county recorder? 

29. Write a certificate of election of a county officer. 

State of Iowa. 

CERTIFICATE OP ELECTION. 

County. 

At an election holder, in said county on the of 

A. D. 189 , was elected to the office 

of for said county for the term of years 

from the day of A. D., 189 . ., and until his 

successor is elected and qualified. 

Given this day of A. D., 189. .. 



President Board of Canvassers. 
Attest: 



Auditor. 



: Seal of 
: Board of 
: Supervisors. 



COUNTY GOVERNMENT. 51 



OFFICIAL BOND. 

Know all men by these presents: That we, A. B., principal, 

and C. D. and E. F., sureties, are held and firmly 

bound, unto the county of and state of Iowa, in the 

penal sum of dollars, for the payment of which we 

bind ourselves, our heirs, executors and administrators. 

The condition of the above obligation is: — That whereas, 

the above bounden A. B. has been elected in and 

for said county. 

Now, if the said A. B. shall render a true account of his 
office and the doings therein, to the proper authority, when 
required thereby or by law; and shall promptly pay over to the 
person or officer entitled thereto, all money which may come 
into his hands by virtue of his said office; and shall faith- 
fully account for all balances of money remaining in his hands 
at the termination of his office; and shall hereafter exercise all 
reasonable diligence and care in the preservation and lawful 
disposal of all money, books, papers and sureties or other prop- 
erty appertaining to his said office, and deliver them to his 
successor, or to any person authorized to receive the same; 
and if he shall faithfully and impartially, without fear, favor, 
fraud or oppression, discharge all other duties now or here- 
after required of his office by law, then this bond to be void 
otherwise in full force. 

Signed this day of , 189 .. . 

A. B. 
CD. 
E. F. 



I, C. D., do solemnly swear that I am a resident of the State 

of Iowa. That I have property therein to the value of 

dollars, over and above my debts, liabilities and exemptions. 

CD. 

Subscribed and sworn to before me this dav of 

A. D., 18... 

Notary Public. 



I, E. F., do solemnly swear that I am a resident of the 
State of Iowa; that I have property therein to the value of 



52 OUR STATE AND NATION. 

dollars over and above my debts, liabilities and ex- 
emptions. 

E. F. 

Subscribed and sworn to before me this day of 

A.D.,18... 



Notary Public. 
OATH OF OFFICE. 



State of Iowa, ) ~~ 
County, f k 



I, A. B., solemnly swear that I will support the Constitution 
of the United States and the Constitution of the State of Iowa, 
and that I will faithfully and impartially discharge the duties 

of the office of to the best of my ability. 

A. B. 

Subscribed and sworn to before me this day of 

A. D., 189... 



Notary Public. 
WARRANT OF ARREST. 

State of Iowa, ) QQ 
County, ) 



To any Sheriff, Constable or Marshal in the State: 

Information upon oath having this day been laid before mc, 

by , you are therefore commanded in the name 

and by the authority of the State of Iowa, forthwith to arrest 

the above named and bring before me, at 

my office in In case of my absence or inability 

to act, before the nearest or most accessible Magistrate in the 
County. 

Dated at , this day of A. I)., 

189 



Justice of the Peace. 



CHAPTER VI. 
THE DISTRICT COURT. 

48. In the chapter on county government we learned that 
the district court was held at least four times a year at the 
county seat, but there is no county officer whose duty it is to 
preside over this court. For the purpose of electing judges to 
preside over the district courts our state is divided into twenty 
divisions, called judicial districts. They vary much in size. 
Polk county is one district, so is Dubuque county, while some 
districts contain eight counties. There are two districts that 
elect but one judge, while some elect four. By this arrange- 
ment, each county does not bear the whole expense of a 
judge's salary.* 

There are fifty-one district judgesf in the state. They ar- 
range the time for holding court in the different counties. 
Cases tried in this court are usualy decided by a jury of twelve 
men, the judge reserving the right to pronounce sentence.^ 
The jurors are electors of the county chosen as follows: 

49. The sheriff notifies the judges of election in every vot- 
ing precinct, of the number of jurors to which their precinct 
is entitled. The judges make out two lists and send them 
to the county auditor. One of these lists numbers seventy-five 

*Twenty-five hundred dollars per year. Term of office, four 
years. 

fOther duties of the district judge: He may order juvenile 
offenders to be sent to the Reform School; appoint guardians, 
executors, administrators and also commissioners to attend to in- 
corporation of towns; and solemnize marriages. See general 
power of judges, paragraph 107. 

{Sometimes the judge suspends sentence in criminal cases, 
and then the person convicted is allowed to have his liberty dur- 
ing the period of good behavior. 

53 



54 OUR STATE AND NATION. 

when it reaches the auditor, from all the precincts, the other 
not less than one hundred fifty. The grand jurors are 
chosen from the smaller list, the trial jurors from the 
other. The number chosen from each township is in propor- 
tion to the number of votes cast at the preceding election. 
The grand jurors are chosen for one year, but the petit jurors 
for one term of court only. 

The auditor writes each of these names on a slip of paper 
and puts them in boxes. At least twenty days before a term 
of court, the clerk of the court draws out a sufficient number, 
one art a time, to fill the panel of the petit jury. The 
number drawn may vary from fifteen to twenty-four. Those 
serving one year are not on the list sent to the auditor the 
next year unless at request of the person having served. 

Any voter of a good moral character, sound judgment and 
having the sense of hearing and seeing is competent to be a 
juror. A person who is sixty-five years of age, or is a teacher, 
instructor or professor in any institution of learning, an officer 
of the State or of the United States, a physician or attorney, 
is privileged from serving as a juror unless he desires to do so. 

A juror may be excused from serving as such if there is sick- 
ness or a death in his family, or if his own interests or those of 
the public would be greatly injured by his attendance. 

When anyone lawfully chosen as juror fails to appear or 
give sufficient reason for so doing, he may be fined, and if 
he disregards the fine he may be imprisoned. The fine cannot 
exceed fifty dollars. 

50. The Grand Jurors, seven in number, serve one year, 
beginning with the term of court following the first day of 
January. 

It is the business of this jury to find indictments, i. e., bring 
accusations against offenders of the law. Anyone wishing to 
bring an offender to justice should appear before the jury and 
present the ease, and it would then be their duty to investigate 
the affair, and if they find the person guilty they must so re- 
port, and the ease will then appear in court when its turn 



THE DISTRICT COURT. 55 

comes. It is the duty of each grand juror to report any offense 
that he may know of, and have it brot before the jury. 

It is the special duty of the grand jury to examine into the 
following: — 

The case of every person imprisoned in the jail on a crim- 
inal charge and not indicted; the condition and management 
of the public prisons within the county; willful and corrupt 
misconduct in office of all county officers.; the obstruction of 
highways. 

The judge appoints one member foreman. It is the fore- 
man's duty to preside during the deliberations of the jury 
and administer oath, to all witnesses examined. The jury ap- 
points a clerk who issues subpoenas for witnesses, when so 
directed, and keeps account of the proceedings. The jury is 
entitled at all reasonable times to examine the county jail and 
all public records within the county. They may ask advice 
of the judge or county attorney, and may have the latter 
present to examine witnesses when they deem it necessary. 
(See appendix of this chapter for form of indictment.) 

Every indictment must be endorsed "a true bill" and signed 
by the foreman. The endorsement must contain the names of 
the witnesses and the testimony of the witnesses should ac- 
company the indictment. 

51. At the beginning of a suit in court the clerk selects 
by lot the requisite number of trial jurors from those who 
make up the panel. Either party of the suit may object to 
any juror. This is called challenging. As a jury is made 
up from the same county in which the trouble has occurred, 
it is possible that there may be some jurymen who are preju- 
diced, and it is just that the parties be allowed to challenge 
such jurors. 

Challenges are of two kinds: "for cause," that is, that 
in some way the juryman is disqualified from serving; or "per- 
emptory," in which no reason is given for the objections. A 
party cannot make more than five peremptory challenges. 
Challenges for cause must first be made, and if the judge 



56 OUR STATE AND NATION. 

allows it, the challenged juror is excused. After challenges 
of this kind have been exhausted or refused by the judge, 
peremptory challenges may be made alternately by plaintiff* 
and defendant,! the plaintiff having first challenge. Jurors 
are always excused on challenges of this kind. 

After challenges have been exhausted and the jury box 
filled, the jurymen are sworn and the witnesses are examined 
in regular order until the trial is completed. The arguments of 
the lawyers are then heard. The judge instructs the jurors 
as to the law, and places them under a sworn officer, called 
the bailiff. They then retire for deliberation and must either 
agree or disagree upon a verdict; this is reported to the court. 
If during the progress of the trial the jurors separate it is 
their duty not to converse with other persons about the 
suit. 

DEPOSITIONS AND AFFIDAVITS. 

52. An affidavit is a statement made in writing and sworn 
to before some competent officer (justice of the peace, notary, 
public, etc). 

A deposition is about the same, but the opposing party 
is notified and may be present and cross-question the witness 
who is giving the testimony. 

Sometimes it is inconvenient or impossible for a witness to 
attend court; he may be sick or too far away, perhaps, in 
another state. In such cases a deposition may be taken and 
the testimony presented at the trial. 



QUESTIONS. 



1. Why are judicial districts desirable? 

2. How many districts are there? How many judges? 
Their salary? Term of office? 

3. How many compose a jury? 

♦The one bringing the suit. fThe one sued. 



THE DISTRICT COURT. 57 

4. Describe the method of selecting jurors. 

5. What is the duty of the petit jury? Of the grand jury? 
How long do members of each serve. 

6. Who may be jurors? Who are excused? For what 
causes may a judge excuse a juror? 

7. What is the penalty for neglect of duty as a juror? 

8. How many constitute the grand jury? 

9. What is an indictment? What are some special duties 
of the grand jury? 

10. Write a form of an indictment. (See close of this chap- 
ter.) 

11. Give orders of proceedings in a trial. 

12. Define the two classes of challenges. 

13. How may evidence of an absent witness be presented 
in court ? 

14. Give duties of the foreman of a grand jury. 

15. In which judicial district do you live? What counties 
in your district? How many judges does your district have? 
(See close of chapter.) 



APPENDIX TO CHAPTER VI. 
FORM OF INDICTMENT. 

District Court of County of , 

State of Iowa against A. B. — 

The grand jury of the county of , in the name and 

by the authority of the State of Iowa, accuse A. B. of the crime 
of (here insert name or description of crime) committed as 
follows: 

The said A. B. on the .... day of , A. D. 18. .., 

in the county as aforesaid (here insert act constituting the 

offense). 

County Attorney 
of county, Judicial District. 

Every indictment must be endorsed "a true bill" and signed 
by the foreman of the jury. The endorsement must contain 



58 OUR STATE AND NATION. 

the names of the witnesses and their testimony should also 
acompany the indictment. 

The judicial districts of Iowa are as follows: 

First — Lee. 

Second — Appanoose, Davis, Jefferson, Lucas, Monroe, Van 
Buren and Wapello. 

Third — Adams, Clarke, Decatur, Kinggold, Taylor, Union and 
Wayne. 

Fourth — Cherokee, Harrison, Lyon, Monona,, O'Brien, Osce- 
ola, Plymouth, Sioux and "Woodbury. 

Fifth — Adair, Dallas, Guthrie, Madison, Marion and Warren. 

Sixth — Jasper, Keokuk, Mahaska, Powesheik and Washing- 
ton. 

Seventh — Clinton, Jackson, Muscatine and Scott. 

Eighth — Johnson and Iowa. 

Ninth— Polk. 

Tenth — Black Hawk, Delaware, Buchanan and Grundy. 

Eleventh — Boone, Franklin, Hamilton, Hardin, Story, Web- 
ster and Wright. 

Twelfth — Butler, Bremer, Cerro Gordo, Floyd, Hancock, 
Mitchell, Winnebago and Worth. 

Thirteenth — Allamakee, Clayton, Chickasaw, Fayette, Ho- 
ward and Winnesheik. 

Fourteenth — Beuna Vista, Clay, Dicianson, Emmet, Hum- 
boldt, Kossuth, Palo Alto and Pocahontas. 

Fifteenth — Audubon, Cass, Fremont, Mills, Montgomery, 
Page, Pottawattamie and Shelby. 

Sixteenth — Calhoun, Carroll, Crawford, Greene, Ida and Sac. 

Seventeenth — Benton, Marshall and Tama. 

Eighteenth — Cedar, Jones and Linn. 

Nineteenth — Dubuque. 

Twentieth — Des Moines, Henry and Louisa, 



CHAPTEE VII. 

THE STATE GOVERNMENT.— LEGISLATIVE DEPARTMENT. 

53. The school-board, to some extent, makes laws for the 
school district, the trustees for the township, the council for 
the city or town, and the board of supervisors for the county. 
In the State, the legislative, judicial and executive depart- 
ents. are more strictly separated than in the county or city 
or town. 

The legislative power of the State is vested in the legisla- 
ture, which is composed of two houses, the Senate and the 
House of Representatives. This body makes all the laws of 
the State, but does not often exercise any judicial or executive 
powers. 

54. The House of Representatives is composed of 
one hundred members. For electing these, the State is divided 
into ninety-one districts.* Two counties wholly separate can- 
not form one district; neither can a county be divided. Some 
counties are so populous that they are entitled to more than 
one representative, as a representative district, while 
some districts comprise two or more counties; e. g., Poik 
county is District No. 37, and is entitled to two representa- 
tives, while the counties of Emmet, Dickinson and Osceola 
comprise District No. 81, and are entitled to but one. 

As the populations of some counties increase more rapidly 
than others the Legislature frequently finds it necessary to 
change the districts in order to give just representation to 
every part of the State. The readjustment is made at the 
first session after the taking of the census, which occurs every 
five years. 

Members of the house are chosen in odd-numbered years 
at the regular annual election. Their term of office begins on 

♦See close of this chapter. 

59 



60 OUR STATE AND NATION. 

the first day of January next after their election and continues 
two years and until their successors are elected and qualified. 

A representative must be a man over twenty-one years of 
age, must have lived in the state one year just preceding his 
election and have been a resident of the district from which be 
was chosen at least sixty days. 

55. The Senate is composed of fifty members and for the 
purpose of electing them the state is divided into fifty divis- 
ions, called senatorial districts. Senators hold office for four 
years, half being elected at each election of representatives. 
They must have the same qualifications as to citizenship and 
residence as the representatives, and must be twenty-five years 
old. 

These two bodies are called "The General Assembly," 
and every law it passes, begins with these words: "Be it en- 
acted by the General Assembly of the State of Iowa." Its 
sessions begin on the second Monday of January of even num- 
bered years. The Governor, however, may call an extra 
session when the welfare of the state demands it. 

56. We have learned that the clerk of each township or 
voting precinct sends the returns of the election to the county 
auditor. On the first Monday after the election the board of 
supervisors meet at the county seat to canvass the votes of the 
county. They decide who are elected and have their clerk 
(who is he?) to write out certificates for each person elected. 
If the county is a representative or senatorial district they give 
their representative or senator a certificate of election, but if 
there are other counties in the district the auditor makes out 
an abstract of the votes cast for such officers and sends it to 
the Secretary of State, and the State Board of Canvassers (the 
Governor, Secretary, Auditor and Treasurer of State) makes 
out the certificates of election, as they do for state officers. 

ORGANIZATION OF SENATE AND HOUSE. 

57. At the hour of ten A. M. on 'the day appointed (See 
paragraph 54), the senators and representatives meet in their 



STATE GOVERNMENT— LEGISLATIVE DEPARTMENT. 61 

respective chambers in the capitol. The Lieutenant Governor, 
acting as President of the Senate, calls the body to order and 
they proceed to organize. If the Lieutenant Governor is not 
present, some person claiming to be a member, acts in his 
stead. A secretary is chosen and the senators file their certifi- 
cates of election with him. A committee of five is then ap- 
pointed, who examines the certificates and reports on the cre- 
dentials. Those reported as members then effect a permanent 
organization by electing permanent officers.* 

The House of representatives is called to order by some one 
who claims to be a member and they proceed in the same man- 
ner as the Senate. They effect a permanent organization by 
electing a Speaker, a Clerk and other officers corresponding to 
those of the Senate. 

58. Laws passed at a regular session take effect on the 
Fourth of July following, unless otherwise provided. When 
the laws are passed at a special session they take effect ninety 
days after the adjournment; but if they are deemed of great 
importance they may be published in at least two newspapers, 
one of which must be at Des Moines. Then unless a date is 

♦Secretary, with first and second assistant; enrolling clerk, 
engrossing clerk, bill clerk, file clerk, Lieutenant Governor's 
clerk, sergeant-at-arms, with one assistant; doorkeeper, with 
first and second assistants; janitor, postmaster, with one assistant; 
paper folder, with one assistant; Lieutenant Governor's page. 

The officers of the House of Representatives are practically 
the same. 

The secretary of the Senate and clerk of the House receive 
six dollars per day, and their assistants five dollars. To the en- 
rolling clerks, engrossing clerks five dollars. To Lieutenant 
Governor's clerk and sergeant-at-arms four dollars. To postmas- 
ter and assistant, mail carrier, bill clerk, file clerk, doorkeepers, 
janitors and clerks of committees, three dollars per day each, 
and the necessary stationery for clerks and secretaries afore- 
said. 

To the Lieutenant Governor's page and Speaker's page, two 
dollars per day, and to the messengers one dollar and fifty cents. 



62 OUR STATE AND NATION. 

provided for, the laws take effect twenty days after publica- 
tion. 

There are three ways in which a bill may become a law. 

First — If it is passed by a majority of both houses and the 
Governor signs it. 

Second — If both houses pass a bill b} a majority, and the 
Governor returns the bill to the house in which it originated 
with his objections, and then both houses reconsider the bill 
and pass it by a two-thirds majorhrv, it becomes a law without 
the Governor's signature. 

Third — If a bill passes both houses and the Governor fails 
to sign it or return it to the house in which it originated in 
three days (Sundays excepted) if the Legislature is in session, 
it becomes a law the same as if he had signed it. 

59. When the Governor returns a bill without his signa- 
ture with a message, he is said to veto the bill. All bills that 
are passed over the Governor's veto have the following en- 
dorsed thereon or attached thereto, with the signature of the 
presiding officer of each house: 

"This bill having been returned by the Governor with his 
objections to the house in which it originated, and after re- 
consideration having again passed both houses by yeas and 
nays* by a two-thirds majority of the members of each house, 
has become a law, this day of 

Speaker of House of Representatives. 

President of Senate. 

Bills not signed nor returned by the Governor as provided 
for are authenticated by the Secretary of State endorsing 
thereon the following: 

"This bill having remained with the Governor three days 
(Sundays excepted), the General Assembly being in session. 

has become a law this day of " 

• • > 

Secretary of State. 
*See section 74. 



STATE GOVERNMENT.— LEGISLATIVE DEPARTMENT. 63 

60. Each house makes the rules for its own proceedings, 
punishes members for disorderly behavior, and may with the 
consent of two-thirds expel a member. If the election of a 
member is contested (which may be done by any voter of the 
district which the member represents), the papers prepared 
according to law, relating to the contesting of the election, 
must be sent to the Secretary of State, and he presents them 
unopened to the presiding officer of the house to which the in- 
terested member belongs, before the second day of the session. 
The presiding officer immediately gives notice to the house 
that such papers are in his possession. Each house judges 
of the election of its own members. 

Each house keeps a journal of its proceedings. The pro- 
ceedings of the Legislature of this State, or of any other State 
in the Union, or of the United States, or any foreign govern- 
ment are proved by the journals of those bodies. 

61. No person holding any lucrative office under our na- 
tion or State or any foreign power shall be eligible to member- 
ship in the General Assembly. But offices in the militia, 
where there is no annual salary, or office of justice of the 
peace, or postmaster whose compensation does not exceed one 
hundred dollars per annum, or notary public shall not be 
deemed lucrative offices. 

Senators or representatives cannot be appointed to offices 
of profit under the State, which shall have been created, or 
the emoluments of which shall have been increased during his 
term of office, except such offices as may be filled by election 
by the people. 

62. When vacancies occur in either house, the Governor 
issues writs of election to fill such vacancies. The sheriffs of 
the counties where the election is to be held gives notice of the 
election by publication in the papers, or by posting in at least 
five public places in the county. 

63. Before entering upon their duties members of the Gen- 
eral Assembly take the following oath or affirmation: "I do 



64 OUR STATE AND NATION. 

solemnly swear (or affirm) that I will support the Constitution 
of the United States and the Constitution of the State of Iowa, 
and that I will faithfully perform the duties of senator (or 
representative) to the best of my ability." 

64. A majority of either house constitutes a quorum, i. 
e., a sufficient number to transact business. A smaller num- 
ber, however, may adjourn from day to day, and compel at- 
tendance of absent members in such a way and by such pen- 
alties as each house may adopt. 

65. When the two houses meet in joint convention for 
the election of officers provided by law, the President of the 
Senate, or, in his absence, the Speaker of the House of Kepre- 
sentatives shall preside, or, in the absence of both, a temporary 
president shall be appointed by a joint vote. Two tellers 
previously appointed, one by either house, shall act as judges 
of the election. The joint meeting is held in the hall of 
the House of Eepresentatives, and the Clerk of the House 
acts as secretary, and he and the Secretary of the Senate shall 
keep an accurate account of the proceedings, which must be 
entered on the journals of each house. 

When any officer is to be thus elected the secretaries ar- 
range the names of the members in alphabetical order, and 
each member shall vote in the order in which his name stands 
when thus arranged. The names of the person voted for and 
the names of the members voting shall be written by the tell- 
ers, who, after the secretaries have called the second time, the 
name of each member and the name of «the one for whom he 
voted, shall report to the President of the Convention the 
number of votes given to each candidate. If no person re- 
ceives a majority of the votes of the members'present, a second 
poll may be taken, and so on from time to time, until some 
person receives such majority. If the people fail to elect a 
Governor or Lieutenant Governor, it is done by this joint 
convention. 

66. The presiding officer of each house usually appoints 



STATE GOVERNMENT.— LEGISLATIVE DEPARTMENT. 65 

all the standing committees* of their respective bodies. The 
committees of the two houses are almost the same. The 
duty of each committee is suggested by its name. All busi- 
ness is generally referred to a committee, e. g., if a bill is in- 
troduced relating to railways, it is referred to the committee 
on railways, who considers the bill and if the members of 
the committee consider it expedient they report it to the 
house. The real work is done in the committee rooms; there 
arguments for and against measures under consideration may 
be heard and if a committee is opposed to a bill it is not likely 
to appear before the house. 

67. Minutiae concerning passage of a bill: 

At the order of business the member who wishes to intro- 
duce a bill rises and addresses the Speaker, stating that he de- 
sires to introduce a bill. A messenger takes it to the clerk, 
or secretary if it is in the Senate, who reads it the first and 
second times by its title only. It is then recorded by its 
name and given a file number. It may now be passed 
to the engrossing clerk, who prepares a neat copy of the bill 
but in reality few bills are engrossed. At this time it is gen- 
erally referred to a committee, who, after deliberation, reports 
on the bill. A calendar number is then given it, and the 
report of the committee considered by the House. It may be 
referred to another committee or amended and discussed. 
After passing to its third reading it is no longer subject to 
amendment. A majority of the members must vote for the 
bill if it is passed. After passing it is sent by messenger to the 
other house, where it is taken up in practically the same way, 
If the other house proposes amendments, the house in which 
it originated must concur in them. After passing both houses 
it is signed by the Speaker of the House and President of the 
Senate and sent to the Governor. 

68. No money can be drawn from the treasury of the State 
except as appropriated by the General Assembly in accordance 

*See close of this chapter, 
5 



66 OUR STATE AND NATION. 

with law. A statement of receipts and expenditures of the 
State is published in the "Acts and Kesolutions of the General 
Assembly/' 

69. The Constitution of our State makes it unlawful for 
the General Assembly to pass local or special laws in the fol- 
lowing cases: 

For the assessment and collection of taxes for State, county 
or road purposes. 

For laying out, opening, and working highways. 

For changing the names of persons. 

For the incorporation of cities and towns. 

For vacating roads, town plats, streets, alleys or public 
squares. 

For locating or changing county-seats. 

In such cases as the above it is best for such business to be 
entirely in the hands of the local authorities, the people of 
the township, county, or city, or town, as is provided by gen- 
eral law. 

In all other cases where general laws can be made applicable 
all laws shall be general, and of uniform operation thruout the 
State. 

The General Assembly cannot pass a law changing the 
boundaries of counties until after there has been a majority 
vote of the people of the counties affected in favor of such 
changes. 

No lottery can be allowed in this State; nor can lottery 
tickets be sold. 

Neither house, alone, can adjourn for more than three days 
nor to any other place than that in which they may be sitting. 

70. The election of the United States Senators is the 
same in all the States. The provisions were established by 
the National Legislature as follows: 

The two houses on the second Tuesday after the organiza- 
tion, each in separate session, casts a vote for a United States 
Senator. On the next day they meet in joint convention and 






STATE GOVERNMENT.— LEGISLATIVE DEPARTMENT. 67 

canvass the votes. If anyone has received a majority of all 
the votes cast on the day before, he is declared elected. If no 
one received a majority, the two houses in joint assembly then 
take at least one vote each day nntil a Senator is chosen or the 
session is at an end. The Governor must send the certificate 
of election of Senator to the President of the United States. 

71. No one is allowed to question a member for any speech 
or debate in any other place than in the house where made, 
without consent of the member. If anyone should by threat, 
violence or arrest attempt to control the action of any mem- 
ber or violate the above provision willfully, it is the duty of 
the member threatened to report such person to the house 
to which he belongs, and the house may order the offender 
fined or imprisoned. 

72. Bribery of any member of the Legislature or any ex- 
ecutive officer is punishable by imprisonment for not more 
than five years or a fine of not more than one thousand dollars. 
The officer who accepts a bribe is punishable by imprisonment 
for not more than ten years or a fine of not more than two 
thousand dollars. Anyone who offers or accepts a bribe in 
such instances is forever disqualified from holding office in 
the State. 

73. If any State officer is charged with crime or grave 
misdemeanor in office, it is the duty of the House of Eepre- 
sentatives to act as a grand jury, and indict such officer. A 
majority of the House must concur in the indictment, which 
is called an impeachment. The Senate acts as a court be- 
fore which all causes of impeachment are tried. Two-thirds 
of the Senate must concur in order to convict. If the Gov- 
ernor is tried one of the judges of the supreme court presides. 

If any State officer is impeached and convicted, he is simply 
removed from office and disqualified from holding any office 
of profit or trust in the State. Then, if the officer committed 
any crime he would be liable to meet the penalty of the 



68 OUR STATE AND NATION. 

law, in addition to the dishonor of conviction on impeach- 
ment. 

74. In voting by yeas and nays the names of the members 
are called and they respond yea or nay as they vote for or 
against the bill. 

75. Members of the Legislature receive five hundred and 
fifty dollars per session and mileage at the rate of five cents per 
mile both in coming to and returning from the session. At 
extra sessions they receive not more than six dollars per day 
and mileage. 

Within thirty days after the meeting of the General As- 
sembly the presiding officer of each house makes out a list 
of the members of his respective house and the mileage due 
each member, and presents it to the Auditor of the State, 
who draws warrants on the State Treasury for the salary 
and mileage due each member. The members may draw half 
their salary at the end of thirty days, and the remainder at the 
close of the session. 



QUESTIONS. 



1. In what is the legislative power of the State vested? 

2. How many members in each house? How many repre- 
sentative districts? How many senatorial districts? In which 
do you live? 

3. How often may the districts be readjusted? Why is 
that necessary? 

4. With what words do laws passed begin? 

5. How often and when does the Legislature meet? 

6. When and how often are the members of each house 
chosen? 

7. What are the qualifications of members of the House 
of Eepresentatives? Of the Senate? 

8. From whom do the members obtain certificates of elec- 
tion? 



STATE GOVERNMENT.— LEGISLATIVE DEPARTMENT. 69 

9. Describe the organization of the Senate. Of the House 
of Eepresentatives. 

10. When do laws take effect? How may laws specially 
■urgent be made to take effect quickly? 

11. Who may contest the election of a member? Who 
decides such contested cases? 

12. What oath do members take? 

13. What power has either house to protect its members 
from insult? 

14. Describe an election in joint convention. 

15. If there is a tie vote for Governor, how is it decided? 
If the people do not elect a Governor who does? 

16. Describe the election of a United States Senator. 

17. Who are not eligible to the Legislature? 

18. When a vacancy occurs in either house how is it 
filled? 

19. What is the compensation of members of the General 
Assembly? Explain all about how they draw their salary. 

20. What is a quorum? 

21. Why are committees appointed? 

22. Describe three ways in which a bill may become a 
law. 

23. Why does the General Assembly have no right to pass 
a law changing a person's name and other special laws? 

24. How may boundaries of counties be changed? 

25. How may money be drawn from the State Treasury? 

26. Describe how an officer may be impeached. 

27. How is bribery punished? 

28. Can you give some reason why, in voting in joint 
convention, the roll is called twice? 

29. What is a pocket veto? (See appendix to this chap- 
ter.) 

30. Why doesn't the Governor fill vacancies in the General 
Assembly by appointment? 



70 OUR STATE AND NATION. 



APPENDIX TO CHAPTEK VII. 

When a bill is passed by tLe General Assembly less than 
three days before the end of the session (Sundays excepted) 
and the Governor neglects it, the bill is lost just as if he had 
vetoed the bill. This is termed a pocket veto. 

STANDING COMMITTEES OF THE SENATE. 

1, Ways and Means. 2, Judiciary. 3, Federal Relations. 
4. Constitutional Amendments. 5, Suppression of Intemper- 
ance. 6, Appropriations. 7, Normal Schools. 8, Agriculture. 
9, County and Township Organization. 10, Compensation of 
Public Officers. 11, Banks. 12, Eailways. 13, Insurance. 14, 
Private Corporations. 15, Municipal Corporations. 16, State 
University. 17, Military. 18, Elections. 19, Claims. 20, Com- 
merce. 21, Public Buildings. 22, Manufacturers. 23, Print- 
ing. 24, Public Lands. 25, Internal Improvements. 26, 
Highways. 27, Library. 28, Judicial Districts. 29, Congres- 
sional Districts. 30, Senatorial Districts. 31, Representative 
Districts. 32, Hospitals for Insane. 33, Institutions for Deaf 
and Dumb. 34, Colleges for Blind. 35, Orphans' Home. 36, 
Penitentiary. 37, Reform Schools. 38, Agricultural College. 
39/ Horticulture and Forestry. 40, Fish and Game. 41, Asy- 
lum for Feeble-Minded Children. 42, Medicine, Surgery and 
Hygiene. 43, Rules. 44, Mines and Mining. 45, Engrossed 
Bills. 46, Enrolled Bills. 47, Retrenchment. 

REPRESENTATIVE DISTRICTS. 

I, Lee.* II, A"an Buren. Ill, Davis. IV, Appanoose. V, 
Wayne. VI, Decatur. VII, Ringgold. VIII, Taylor. IX, Page. 
X, Fremont. XI, Mills. XII, Montgomery. XIII, Adams. 
XIV, Union. XV, Clarke. XVI, Lucas. XVII, Monroe. 
XVIII, Wapello. XIX, Jefferson. XX, Henry. XXI, Des 

*Two Representatives in each county so marked. 



STATE GOVERNMENT.— LEGISLATIVE DEPARTMENT. 71 

Moines.* XXII, Louisa. XXIII, Washington. XXIV, 
Keokuk. XXV, Mahaska. XXVI, Marion. XXVII, War- 
ren. XXVIII, Madison. XXIX, Adair. XXX, Cass. 
XXXI, Pottawattamie. XXXII, Harrison. XXXIII, Shel- 
by. XXXIV, Audubon. XXXV, Guthrie. XXXVI, Dallas. 
XXXVII, Polk.* XXXVIII, Jasper. XXXIX, Poweshiek. 
XL, Iowa. XLI, Johnson. XLII, Muscatine. XLIII, 
Scott.* XLIV, Cedar. XLV, Chariton. XL VI, Jackson. 
XLVII, Jones. XLVIII, Linn.* XLIX, Benton. L, Tama. 
LI, Marshall. LII, Story. LIII, Boone. LIV, Greene. 
LV, Carroll. LVI, Crawford. LVII, Ida, and Monona. 
LVIII, Woodbury.* LIX, Cherokee. LX, Sac. LXI, Cal- 
houn. LXII, Webster. LXIII, Hamilton. LXIV, Hardin. 
LXV, Grundy. LXVI, Black Hawk. LXVII, Buchanan. 
LXVIII, Delaware. LXIX, Dubuque.* LXX, Clayton. 
LXXI, Fayette. LXXII, Bremer. LXXIII, Butler. LXXIV, 
Franklin. LXXV, Hancock and Wright. LXXVI, Hum- 
boldt and Pocahontas. LXXVII, Buena Vista. LXXVIII, 
Plymouth. LXXIX, Sioux. LXXX, Lyon and Obrien. 
LXXXI, Emmet, Dickinson and Osceola. LXXXII, Clay 
and Palo Alto. LXXXIII, Kossuth. LXXXIV, Cerro Gordo. 
LXXXV, Floyd. LXXXVI, Chickasaw. LXXXVII, Alla- 
makee. LXXXVIII, Winneshiek. LXXXIX, Howard. 
XC, Mitchell. XCI, Worth and Winnebago. 
SENATORIAL DISTRICTS. 

I, Lee. II, Jefferson and Van Buren. Ill, Appanoose 
and Davis. IV, Lucas and Wayne. V, Decatur, Ringgold 
and L T nion. VI, Adams and Taylor. VII, Fremont and 
Page. VIII, Mills and Montgomery. IX, Des Moines. X, 
Henry and Washington. XI, Clarke and Warren. XII, 
Keokuk and Poweshiek. XIII, Wapello. XIV, Mahaska. 
XV, Marion and Monroe. XVI, kdair and Madison. XVII, 
Audubon, Dallas and Guthrie. XVIII, Cass and Shelby. 
XIX, Pottawattamie. XX, Louisa and Muscatine. XXI, 

*Two Representatives in each county so marked. 



72 OUR STATE AND NATION. 

Scott. XXII, Clinton. XXIII, Jackson. XXIV, Cedar and 
Jones. XXY, Iowa and Johnson. XXVI, Linn. XXVII, 
Calhoun and Webster. XXVIII, Marshall. XXIX, Jasper. 
XXX, Polk. XXXI, Boone and Story. XXXII, Woodbury. 
XXXIII, Buchanan and Delaware. XXXIV, Crawford, Har- 
rison and Monona. XXXV, Dubuque. XXXVI, Clayton. 
XXXVII, Hamilton, Hardin and Wright. XXXVIII, Black 
Hawk and Grundy. XXXIX, Butler and Bremer. XL, 
Allamakee and Fayette. XLI, Mitchell, Winnebago and 
Worth. XLII, Howard and Winneshiek. XLIII, Cerro 
Gordo, Hancock and Franklin. XLIV, Chickasaw and Floyd. 
XLV, Benton and Tama. XL VI, Cherokee, Ida and Ply- 
mouth. XLVII, Clay, Dickinson, Emmet, Kossuth and Palo 
Alto. XL VIII, Carroll, Greene and Sac. XLIV, Lyon, 
Sioux, Obrien and Osceola. L, Buena Vista, Humboldt and 
Pocahontas. 



CHAPTER VIII. 

EXECUTIVE DEPARTMENT AND STATE OFFICERS. 

76. We have studied about the lawmaking power of the 
State. In this chapter we will learn about the law enforcing 
officers or those officers who attend to the general business 
of the State. 

The principal one of these is the Governor. He is the 
overseer of the State. The Legislature, we have learned, can- 
not pass a law against his will, without a two-thirds majority. 
It is the duty of the General Assembly to decide who is 
elected Governor and Lieutenant Governor, and if the people 
fail to elect them that body does. If the election of Gover- 
nor is contested each house chooses by lot seven members, 
who investigate the matter and report to each house and have 
it entered on the journals. 

At each regular session of the Legislature, the Governor 
issues his message, which is read before each house. In this 
message he makes known to them the condition of the State 
and recommends such changes and measures as he thinks best. 
If occasion requires, the Governor may convene the General 
Assembly, and in times of public danger, at some other place 
than the capitol of the State. If the two houses fail to agree 
upon a time for adjournment the Governor adjourns them. 
If the Governor resigns, the resignation is made to the Gen- 
eral Assembly if that body is in session, otherwise to the 
Auditor of State. 

As the Governor must have information from every part of 
the State, every two years the State officers and boards of 
State institutions report to him all information regarding 

73 



74 OUR STATE AND NATION. 

their official business; and he may call upon any county 
officer for any information or statistics that he may have in- 
official possession. 

He approves the bonds of State officers and may require 
them to give new bonds when he deems it necessary. He 
calls special elections to fill vacancies in the office of member 
of Congress or of the General Assembly. 

He issues proclamations of general elections,* in which 
must be included all proposed amendments to the Constitu- 
tionf of the State. 

It is his duty to appoint the following officers: Custodians 
of public buildings; commissioners in other states; J commis- 
sion to examine books of state officers (and he can suspend 
such State officers as are found guilty of defalcation); fish 
commissioner; state veterinary surgeon; inspector of passen- 
ger boats; state dairy commissioner; board of dental exam- 
iners; notaries public; state librarian;§ superintendent of 
weights and measures; by and with the advice and consent of 
the Senate, state mine inspectors and commissioners of Sol- 
diers' Home; with the advice of executive council, commis- 
sioners of pharmacy and members of the State Board of 
Health; with the advice of the Agricultural Society, director 
of the weather service; and he appoints one-half the members 
of the State Historical Society. He fills vacancies in the 
trustees of the College for the Blind and of the Industrial 
School. 

His office is at Des Moines, and his secretary must be there 
during his absence. A journal is kept in the office, in which 
is entered all official acts done by the Governor. 

If a serious crime has been committed and the Governor 
thinks it advisable he may offer a reward of not more than 
five hundred dollars for the capture of the criminal. 'When 

*See Appendix of this chapter. fSee General Appendix. JSee 
Appendix this chapter. 

§ State Librarian will be appointed by trustees of State Library 
after the year 1900. 



EXECUTIVE DEPARTMENT AND STATE OFFICERS. 75 

any lawsuit occurs in which the State is a party, or in which 
the rights of the State may be affected, he may employ lawyers 
to protect the rights of the State. Such expenses as the 
above are paid out of the Governor's contingent fund. 

As it is his duty to protect the welfare of the State, he 
is the commander-in-chief of the militia, and may call upon 
that power and direct its movements when he deems it neces- 
sary. 

Thus if the sheriff of any county requires the aid of the 
militia to enforce the laws or keep the peace, the Governor 
may send to his assistance a sufficient force to enable him to 
perform his duty. 

He may cause private property to be condemned for public 
purposes. (Property so condemned is assessed and the owner 
receives as compensation the estimated value of the property.) 

The Governor has power to commute a death sentence to 
life-imprisonment or to grant pardons and reprieves in all 
cases except treason and impeachment. On conviction of 
treason he has power to suspend the execution of the sentence 
until the next session of the General Assembly, when the 
case will be entirely in the hands of that body. 

It is his duty to visit the penitentiaries at least once in 
three months, inquire into the conduct of the officials, inspect 
the books and order such changes and improvements as he 
considers best for the economy of the institution and welfare 
and safe-keeping of the convicts. 

When a criminal escapes from another State to this State 
it is the duty of the Governor to issue a paper of requisition 
enabling an executive officer from such State to capture the 
criminal and transport him to the State line. Such papers of 
requisition make it the duty of sheriffs and constables of this 
State to assist the officer in capture and transportation of the 
criminal. 

77. The Auditor of State corresponds in many respects 
to County Auditor. He draws all warrants on the State treas- 



76 OUR STATE AND NATION. 

ury and keeps strict account of all affairs pertaining to the 
money of the State. 

He is a member of the Executive Council* and also its 
secretary when the board is acting as State Board of Equali- 
zation. 

The laws passed at each session of the Legislature are dis- 
tributed free to each State and county officer, to mayors and 
township clerks, and a number are kept for sale by the Secre- 
tary of State. Each County Auditor makes reports of copies 
received and sold to the State Auditor. 

Frequently counties, cities and towns find it necessary to 
issue bonds, which is the same as giving the counties, cities or 
towns' note, in order to raise money for improvements. If 
any such county, city or town should refuse to levy taxes to 
meet the interest on the bonds when due, the holders of the 
bonds can file them with the State Auditor and the Executive 
Councilf would then increase the amount of State tax of such 
county, city or town so that the bonds may be paid out of 
the State treasury. 

The Auditor is clerk of the court before which contested 
State elections are tried, when the Secretary of State is an 
interested party or is absent or is otherwise unable to act as 
clerk. He publishes the revenue laws of the State in pam- 
phlet form for the benefit of the township assessors. 

It is his duty to investigate and know of the financial 
condition of all insurance companies doing business in the 
State. This is a very necessary precaution as it protects the 
people from frauds and produces confidence in the companies 
doing business. 

The Auditor also examines into the condition of savings 
banks in the State and reports to the General Assembly any 
measures he deems necessary or proper to increase the secur- 
ity of depositors. If any bank is not conducting its business 

*See paragraph 100. 
tSee section 100. 



EXECUTIVE DEPARTMENT AND STATE OFFICERS. 77 

lawfully lie may, after investigation, close the bank and pro- 
vide for the settlement of its business. 

When a person having no heirs dies, his property is sold 
under direction of the State Auditor and the money is appro- 
priated to the school fund.* Such property is called an 
escheat. 

78. The Secretary of State oversees the printing and 
binding done for the State and distributes the journals of the 
General Assembly to the members and officers thereof and to 
the State officers. He keeps a journal of the Executive 
Council ;f is clerk of court for trial of contested State elec- 
tions; is register of State land office; preserves records of 
census of State; distributes public documents, Supreme Court 
reports, reports of Agricultural Society and of the Horticul- 
tural Society. 

He records the names of county officers. Election returns 
are sent to him from the counties and he records the result 
of elections. He records articles of incorporation, as we 
learned in studying "Incorporation of cities and towns." He 
publishes the times of holding court in the various counties 
and also propositions to amend the Constitution. When a 
bill passed by the General Assembly is laid before the Gov- 
ernor and he does not sign nor veto it, the Secretary of State 
adds his certificate:!: to it before it becomes a law. 

79. The Treasurer of State has charge of all money be- 
longing to the State and pays it out only on warrants issued 
by the Auditor. He keeps an accurate record of all warrants 
paid out and bonds outstanding and paid. With the advice 
of the Executive Council he names one or more banks in Des 
Moines as a depository for the collection of any drafts, 
checks, etc., that he may receive as payment of claims due the 
State. The banks named must give approved security for 
prompt collection. 

*See paragraph 103. fSee paragraph 100. JSee paragraphs 
58 and 67. 



78 OUR STATE AND NATION. 

Taxes on telegraph lines are payable at his office. If they 
are unpaid on the first day of February he must collect them 
by tax sale. 

He keeps every fund in separate apartments of his safe. 
At each quarterly settlement with the State Auditor he 
counts each fund in the presence of the Auditor to see if it 
agrees with the balance found in the books. 

80. The Attorney General is the lawyer for the State. 
He must give his opinion to State officers on all questions 
submitted to him. When the Legislature is in session he 
must, when called upon, give his opinion of any question 
submitted by that body. In all lawsuits where the State is 
an interested party he appears in its behalf. He brings pro- 
ceedings for closing up any insurance company, bank or life 
insurance company if the Auditor has found such to be ad- 
visable. This office properly belongs to the Judicial Depart- 
ment. 

81. The Superintendent of Public Instruction has 
general supervision of county superintendents and all the com- 
mon schools of the State. From the reports of all the county 
superintendents he compiles a general report. He arranges 
for publication of the school-laws and sends to each county 
superintendent a sufficient number to supply all the school 
officers of the county with a copy. He may subscribe at the 
expense of the State for a sufficient number of copies of a 
school journal to supply each county superintendent with one 
copy. 

When anyone is aggrieved by the decision of a board of 
directors we have learned that they may appeal to the county 
superintendent. If the decision of that officer is not satis- 
factory, the case may be appealed to the Superintendent of 
Public Instruction for final decision. 

He may call meetings of the county superintendents where 
matters relating to the supervision of the schools may be dis- 



EXECUTIVE DEPARTMENT AND STATE OFFICERS. 79 

cussed and arrange as nearly as possible for uniformity in 
the schools of the State. 

He is a member of the State Educational Board of Exam- 
iners. On this board is also the President of the State Uni- 
versity, President of the State Normal School and two other 
persons appointed by the Governor, one of whom must be a 
woman. This board holds at least two public examinations 
annually and grants State certificates and diplomas to such 
teachers as are found properly qualified. 

82. There are three Railroad Commissioners who hold 
office for three years, one being elected each year. It is their 
duty to inspect bridges, roads and rolling stock of the railroad 
companies. They notify the companies to make repairs 
when they deem it necessary and also see that they obey the 
laws of the State. Once each year they report to the Gover- 
nor what they have done, make suggestions of measures that 
they think would be appropriate and give an account of the 
condition of all the railroads in the State. They investigate 
every railroad accident and make a report of the same. They 
each receive $2,200.00 per year salary and they are allowed a 
secretary whose salary is $1,500.00 per year. 

83. The Governor, Lieutenant Governor and Superin- 
tendent of Public Instruction are elected in each odd num- 
bered year. The Secretary of State, Auditor of State, Treas- 
urer of State and Attorney General are elected in each even 
numbered year. 

The salary of the Governor is three thousand dollars per 
year aud the traveling expenses necessarily incurred in per- 
forming his duty. The Lieutenant Governor, as President 
of the Senate, receives the same mileage and twice the amount 
per day provided for Senators. 

The Superintendent of Public Instruction receives two 
thousand two hundred dollars and necessary traveling ex- 
penses to the amount of two hundred and fifty dollars. The 
Attorney General receives four thousand dollars per year and 



80 OUR STATE AND NATION. 

expenses if his duties call him from Des Moines, and nine 
hundred dollars for clerk hire. 

The Treasurer, Auditor and Secretary of State each re- 
ceive twenty^two hundred dollars per year. These three offi- 
cers and also the Superintendent of Public Instruction are 
allowed a deputy with a salary of fifteen hundred dollars per 

year. 

QUESTIONS. 

1. Who canvass the votes for Governor and Lieutenant 
Governor? If the people fail to elect how are these officers 
elected? If their election is contested how is it decided? 

2. What is the Governor's message and what does it con- 
tain? 

3. How are the extra sessions of the Legislature called? 

4. How does the Governor obtain information on matters 
pertaining to the general condition of the State? 

5. What special elections does the Governor call? What 
officers does he appoint ? 

6. Explain how an amendment to the Constitution is 
passed. (See appendix to this Chapter.) 

7. Name some measures he may take to provide for the 
general safety. 

8. Explain "condemning property/' 

9. What power of pardoning criminals has the Governor? 
What power in case of treason? 

10. What are his duties in reference to penitentiaries? 

11. What are papers of requisition? 

12. Give a partial list of the State Auditor's duties. 

13. What is an escheat? 

14. Give a list of the Treasurer's duties. 

15. How are duties of Auditor and Treasurer interde- 
pendent? 

16. What are the duties of the Attorney General? 

17. Give a list of the duties of the Secretary of State. 

18. Give the important duties of Superintendent of Pub- 



EXECUTIVE DEPARTMENT AND STATE OFFICERS. 81 

lie Instruction. In what duty does lie act the part of a 
judicial officer? 

19. When are the State officers elected? Give salary of 
each. 

20. Who is the State's financier? 

21. Who distributes the session laws? Who are entitled 
to a copy of the laws? 

22. If a county refuses to pay its bonds, how can the 
owners of the bonds secure payment? 

23. What precautions are taken in regard to insurance 
companies and banks? 

24. To whom do County Auditors send election returns? 



APPENDIX TO CHAPTER VIII. 

COMMISSIONERS IN OTHER STATES. 

The Governor may appoint one or more commissioners in 
any State in the Union. Each one appointed is provided 
with a seal on which is engraved "Commissioner for Iowa" 
with his own name and the name of the State in which he 
has been commissioned. He may administer oaths, take 
depositions and affidavits to be used in the courts of this 
State and take acknowledgments or proofs of deeds and 
other instruments to be recorded and used in this State. 

AMENDMENTS TO THE CONSTITUTION OF THIS STATE. 

All amendments must be submitted to a vote of the people 
in the following manner: 

An amendment may originate in either House of the Gen- 
eral Assembly and if a majority of both houses agree to it, 
it is referred to the Legislature next to be chosen. Before 
the election, notice of the proposed amendment is included in 
the proclamation of election. If the Legislature then elected 

6 



82 OUR STATE AND NATION. 

agrees -to the amendment by a majority of both houses then 
the amendment is submitted to a vote of the people in such 
way and at such times as the General Assembly may provide at 
the next general election if no other time is specified. If a 
majority of the votes cast favor the measure the amendment 
becomes a part of the Constitution. 

ELECTION PROCLAMATION. 

State of Iowa, 
Executive Department. 

BY THE GOVERNOR. A PROCLAMATION. 

Pursuant to law, I, Francis M. Drake, Governor of the 
State of Iowa, hereby proclaim and make known that at the 
general election to be held upon the Tuesday next after the 
first Monday of. November, proximo, the same being the sec- 
ond day of November, A. D. 1897, the following offices are to 
be filled by the vote of the electors, to-wit: 

By the vote of all the electors of the State: 

The office of .Governor of the State of Iowa. 

The office of Lieutenant Governor. 

The office of Judge of the Supreme Court, in the place of 
L. G. Kinne. 

The office of Superintendent of Public Instruction. 

The office of Railroad Commissioner, in the place of 
Charles L. Davidson. 

By the vote of the electors of the several legislative districts 
named: 

The office of Senator in the General Assembly from each 
of twenty-one districts, as follows: 
First District, which the county of Lee constitutes. 
Seventh District, which the counties of Page and Fremont 

constitute. 
Hixrtfe District, which the county of Des Moines constitutes. 



EXECUTIVE DEPARTMENT AND STATE OFFICERS. 83 

Tenth District, which the counties of Henry and Washington 
constitute. 

Twelfth District, which the counties of Poweshiek and Keo- 
kuk constitute. 

Thirteenth District, which the county of Wapello constitutes. 

Eighteenth District, which the counties of Cass and Shelby 
constitute. 

Twentieth District, which the counties of Muscatine and 
Louisa constitute. 

Twenty-first District, which the county of Scott constitutes. 

Twenty-second District, which the county of Clinton consti- 
tutes. 

Twenty-ninth District, which the county of Jasper consti- 
tutes. 

Thirtieth District, which the county of Polk constitutes. 

Thirty-fourth District, which the counties of Harrison, Mo- 
nona and Crawford constitute. 

Thirty-fifth District, which the county of Dubuque consti- 
tutes. 

Thirty-seventh District, which the counties of Wright, Ham- 
ilton and Hardin constitute. 

Thirty-eighth District, which the counties of Black Hawk 
and Grundy constitute. 

Forty-second District, which the counties of Winneshiek and 
Howard constitute. 

Forty-fourth District, which the counties of Floyd and Chick- 
asaw constitute. 

Forty-fifth District, with the counties of Tama and Benton 
constitute. 

Forty-eighth District, which the counties of Carroll, Sac and 
Greene constitute. 

Fiftieth District, which the counties of Buena Vista, Poca- 
hontas and Humboldt constitute. 
The. office of Representative in the General Assembly from 

the several counties and representative districts, as follows: 



S4 OUR STATE AND NATION. 

The districts composed respectively of the counties of Clin- 
ton. Des Moines, Dubuque, Lee, Linn, Polk, Pottawattamie 
and Woodbury two Representatives each. 

Each of the districts composed respectively of the counties 
of Adair, Adams, Allamakee, Appanoose, Audubon, Benton, 
Black Hawk, Boone, Bremer, Buchanan, Buena Vista, Butler, 
Calhoun, Carroll, Cass, Cedar, Cerro Gordo, Cherokee, Chick- 
asaw, Clarke, Clayton, Crawford, Dallas, Davis, Decatur, 
Delaware, Fayette, Floyd, Franklin, Fremont, Greene, Grundy, 
Guthrie, Hamilton, Hardin, Harrison, Henry, Howard, Iowa, 
Jackson, Jasper, Jefferson, Johnson, Jones, Keokuk, Louisa, 
Lucas, Madison, Mahaska, Marion, Marshall, Mills, Mitchell, 
Monroe, Montgomery Muscatine, Page, Plymouth, Poweshiek, 
Einggold, Sac, Scott, Shelby, Sioux, Story, Tama, Taylor, 
Union, Van Buren, Wapello, Warren, Washington, Wayne, 
Webster and Winneshiek, one Representative. 

Each of the following districts one representative, to-wit: 
Fifty-seventh District, being the counties of Monona and Ida. 
Seventy-fifth District, being the counties of Wright and Han- 
cock. 
Seventy-sixth District, being the counties of Humboldt and 

Pocahontas. 
Eightieth District, being the counties of O'Brien and Lyon. 
Eighty-first District, being the counties of Osceola, Emmet 

and Dickinson. 
Eighty-second District, being the counties of Clay and Palo 

Alto. 
Ninety-first District, being the counties of Worth and Winne- 
bago. 
By vote of the electors of the Fourth Judicial District, con- 
sisting of the counties of Cherokee, O'Brien, Osceola, Lyon, 
Sioux, Plymouth, Woodbury, Harrison and Monona, the office 
of Judge of the District Court in the place of Scott M. Ladd, 
resigned, the office being now temporarily filled by William 
Hutchinson. 



EXECUTIVE DEPARTMENT AND STATE OFFICERS. 85 

WHEREOF, all electors will take due notice and the 
sheriffs of the several counties will take official notice, and 
govern themselves accordingly. 

IN TESTIMONY WHEREOF, I have hereunto set my 
hand and caused to be affixed the great seal of the State of 
Iowa, this first day of October, in the year of our Lord one 
thousand eight hundred and ninety-seven, of that of National 
Independence the one hundred and twenty-second, and of 
the State of Iowa the fifty-first. 

By the Governor. F. M. DRAKE. 

[Seal.] G. L. DOBSON, 

Secretary of State. 

SHERIFF'S PROCLAMATION. 

Pursuant to law, I, Wm. Gibson, Sheriff of Adams County, 
State of Iowa, do hereby proclaim, at the general election to 
be held on the Tuesday next after the first Monday in No- 
vember, it being the second day of tht month, the offices 
herein named are to be filled by the vote of all the qualified 
voters of the county of Adams: 

The office of Representative. 

The office of Treasurer. 

The office of Sheriff. 

The office of County Superintendent of Schools. 

The office of Surveyor. 

The office of Coroner. 

Also by all the qualified voters of Lincoln, Washington and 
Carl townships, the same being the First Supervisor District. 

The office of Supervisor. 

All qualified voters and township trustees will take due 
notice and govern themselves accordingly. 

In testimony whereof, I have hereunto set my hand this 
16th day of October, 1897. 

WM. GIBSON, 
Sheriff of Adams County. 



CHAPTER IX. 

OFFICERS APPOINTED. 

84. The Custodian of Public Buildings has charge of 
the capitol and all the buildings and premises belonging there- 
to. He keeps the apartments clean and properly ventilated. 
At all suitable hours he, personally or by proper escort, at- 
tends visitors who may wish to view the capitol. He purchases 
furniture and other stores, superintends repairs, contracts for 
light, fuel, telegraph and telephone service required by the 
officers at the capitol in discharge of their- duties, employs 
necessary labor, has charge of the janitor and police force 
and three times each year makes out a report of his expendi- 
tures to the Governor. 

He gives a bond of one thousand dollars for the faithful 
performance of his duties. His salary is fifteen hundred dol- 
lars per year, his term of office two years. 

85. Inspector of Passenger Boats, when requested by 
the owners of boats suitable for carrying five or more passen- 
gers, must inspect the boat and give the owner a certificate if 
the boat is safe, stating the number of passengers the boat may 
carry. A copy of the certificate must be posted on or in said 
boat. Persons wishing to become pilots or engineers on boats 
carrying passengers, apply to an inspector for a license,* 
which is granted if the applicant be a person of sober habits 
and is competent in every way. Inspectors receive one dollar 
for inspecting sailboats, ten dollars for inspecting steamboats 
capable of carrying twenty or more persons, and five dollars 
for inspecting small steamboats. For each application for 
license as pilot or engineer he receives -three dollars. 

*Such certificates are good for five years. 

86 



OFFICERS APPOINTED. 87 

86. There are three Mine Inspectors who hold office for 
two years. They shall be men who have a practical knowl- 
edge of mining in all particulars. Each one gives a bond of 
two thousand* dollars for the faithful performance of his 
duties. The Governor divides the State into districts 
and assigns the inspectors duty in such districts as he 
deems proper. They devote all their time to the duties of 
their office. It is lawful for them to enter and inspect any 
mine in the State at any time. They make a record of all 
examinations showing to what extent the laws are violated or 
obeyed and of the improvement in the safety and sanitary 
condition of the mines. Their reports contain the number of 
accidents, injuries or deaths: the number of mines visited; 
the number of employees and other information that would be 
of public interest. The owners and agents of coal-mines are 
required to assist in the inspection and report any loss of 
life by accident that occurs about the mine. 

(The State laws require proper ventilation, escape shafts 
and other regulations that have greatly lessened the dangers 
of mining.) 

Mine inspectors receive twelve hundred dollars salary and 
traveling expenses to the amount of five hundred dollars per 
year. 

87. In order to protect the people of the State from 
danger from the use of oils for illuminating purposes there 
are laws that make it a misdemeanor to sell oil of inferior 
grades. The G-overnor with the advice of the Board of 
Health appoints Inspectors of Oils, not more than fourteen 
in number, whose duty it is to examine all oils manufactured 
from petroleum and if found to be of an approved grade, he 
places his stamp thereon with the word "approved." If an 
inferior grade, he marks it "rejected," and it is unlawful for 
any dealer to sell oils so branded. 

The inspectors charge ten cents per barrel for inspecting. 
Fifty-five gallons constitute one barrel. The owner of the 
oils pays the fees. Each inspector keeps all fees collected to 



88 OUR STATE AND NATION. 

extent of fifty dollars per month and one-fourth of amount 
collected in excess of this up to one hundred dollars per 
month. He is also allowed expenses. 

88. The State Veterinary Surgeon is appointed by the 
Governor. His compensation is five dollars per day and 
actual traveling expenses. He has general supervision of all 
contagious and infectious diseases of domestic animals that 
are in 'the State or that may be in 'transit through the State. 
He may quarantine stock thus diseased and if he thinks it 
necessary to prevent the spread of the disease, he may order 
the stock destroyed. The owner of such cattle and horses 
destroyed is entitled to the actual worth of the stock iu its 
diseased condition, but no compensation is allowed for stock 
destroyed while in transit through the State. 

89. TheFish Commissioner* receives twelve hundred 
dollars per year. He has charge and supervision of the State 
Hatching House, located at Spirit Lake. It is his duty to 
forward the restoration of fish in the waters in the State so 
far as possible with the means at his disposal. 

90. There are laws that provide against the sale and ship- 
ment of imitation dairy products except when stamped as 
such. It is not lawful for any hotel-keeper or the keeper of 
a restaurant, etc., to place any imitation dairy product before 
a patron unless it is accompanied by a placard containing the 
name of the article. There are strict laws relating to the 
conduct of creameries and sale of dairy products in our State. 
To provide for the enforcement of these laws the Governor 
appoints the "Commissioner of Dairy Products." He 
gives a bond of ten thousand dollars for the faithful perform- 
ance of his duties. 

If necessary, he is allowed a clerk whose compensation may 
be fifty dollars per month. He receives fifteen hundred dol- 
lars per year and expenses necessarily incurred in the dis- 
charge of his duties. 

*Now known as State Fish and Game Warden. 



OFFICERS APPOINTED. 89 

91. The Board of Dental Examiners consists of five 
practicing dentists. All persons wishing to practice dental sur- 
gery must either have a diploma from some dental college 
duly authorized by the State or a licensef from the Board of 
Dental Examiners. The Board has regular meetings for the 
examination of those wishing to receive license to practice 
dental surger}^. Their compensation is five dollars per day 
each and is paid out of fees collected from those examined. 

92. The Governor may appoint one or more Notaries 
Public in each county. Each notary must have a seal on 
which is engraved "Notarial Seal" and "Iowa" and his name. 
A notary has power to take depositions, affidavits, and ac- 
knowledgments of deeds, mortgages, wills, etc. Their com- 
pensation arises from fees. They are each required to give a 
bond of five hundred dollars. 

93. The State Librarian has charge of the State library 
and gives it personal attention during the hours it must be 
kept open. He labels the books and makes out an alphabeti- 
cal catalogue of the library. The trustees of the library are 
the Governor, Secretary of State, Superintendent of Public 
Instruction and judges of the Supreme Court. They provide 
rules and regulations for the control of the library. 

The State library consists of over 55,000 volumes. It com- 
prises a large collection of law books and books on miscel- 
laneous topics. No one is allowed to take books from the 
library. 

The salary of the Librarian is twelve hundred dollars per 
year. He is allowed three assistants with salaries of six 
hundred, five hundred and four hundred dollars respectively. 

94. The Superintendent of Weights and Measures 
is appointed by the Governor from the board of professors of 
the Iowa State University, He shall keep a complete set of the 
copies of the original standards of weights and measures, and 

tlf a dentist has been in regular practice in the State for 
six years he is granted a license without examination. 



90 OUR STATE AND NATION. 

such fixtures and apparatus as are necessary in the compari- 
son and adjustment of city and county standards. He must 
furnish the several counties with such standards, balances and 
other means of adjustment as may be ordered by them at least 
once in ten years and compare the same with those in his 
possession. He gives a bond of five thousand dollars and 
receives fifty dollars salary per year. 

95. It is unlawful for any proprietor of any store or a phar- 
macist to allow a person that is not a registered pharmacist 
to compound the prescriptions of physicians or to retail poi- 
sons for medical use, except as an aid to and under the super- 
vision of a registered pharmacist. For the proper registering 
of persons competent to compound and dispense drugs, the 
Governor, with the advice of the Executive Council, appoints 
three persons from among the most competent pharmacists 
of the State. This board constitutes the Commissioners of 
Pharmacy. They register whoever holds a diploma from an 
authorized college of pharmacy or passes a satisfactory exam- 
ination before them. They charge two dollars for registering 
a person without examination and five dollars for examining 
and registering. They each receive five dollars per day and 
actual traveling expenses. 

96. The State Board of Health consists of seven physi- 
cians and a civil engineer, appointed by the Governor with 
the consent of the Executive Council, and the Attorney Gen- 
eral is a member of the board by virtue of his office. They 
have general supervision of the interests of the life and health 
of the citizens of the State. They have charge of all matters 
pertaining to quarantine, supervise a State registration of 
marriages, births and deaths and make such regulations and 
sanitary investigations as they think advisable for the preser- 
vation and improvement of the public health. The neces- 
sary expenses made in performing their duties are paid, but 
they receive no compensation. 

97. The Director of the Iowa Weather and Crop 



OFFICERS APPOINTED. 91 

Service is appointed by the Governor with advice of the 
Agricultural Society. 

He establishes volunteer stations thruout the State to the 
number of one or more in each county, and appoints observers 
thereat. He supervises these stations and receives reports 
from them concerning the weather and crop conditions. He 
edits a monthly paper, in which are found matters of interest 
and educational value concerning the crops and weather. 
Anyone may become a subscriber to this paper by paying the 
small subscription price to cover the cost of publishing. 

This officer has an assistant appointed by the Chief Signal 
Officer at Washington, D. C. 

Two thousand seven hundred dollars per year are appropri- 
ated to defray the expenses of the office at present. 

98. There is a State Historical Society of eighteen 
members located at Iowa City, whose duty is to collect every- 
thing of interest pertaining to the history of our State, and 
this section of the country. Nine members are appointed by 
the Governor and nine are elected by the members. 

The three southeast rooms of the basement story of the 
capitol building are set apart for the purpose of containing 
the historical collections. 

The Curator of Historical Collections is appointed by 
the Trustees of the State Library, and holds office for six 
years. It is his duty to collect and arrange books, maps, charts 
and public documents, manuscripts and other papers and ma- 
terials illustrative of the history of Iowa and the West gener- 
ally; to procure from early pioneer settlers narratives of their 
perils, exploits and adventures; to secure facts and statements 
relative to the history, progress and decay of the Indian tribes, 
so as to exhibit faithfully and as far as practicable, the anti- 
quities of the past; to secure books relating to the history and 
natural history of the State and of the central region of 
which Iowa is a part; to subscribe for and preserve files of at 
least two papers in each county of the State containing the 
official publications and cause the same to be bound; to cata- 



92 OUR STATE AND NATION. 

logue thoroly all such collections for convenient references, 
and every two years make a report of all his collections. He 
also collects memorials and mementoes of pioneers and soldiers 
of Iowa. He arranges in cases, objects relating to the prehis- 
toric races of this section of the country. The rooms are 
kept open for the inspection of visitors at reasonable times. 
He receives twelve hundred dollars per year and is allowed 
such assistance, postage, stationary and incidental expenses 
as the trustees may authorize and approve. An appropriation 
of $1,000 or as much thereof as may be needed is allowed for 
expense of historical collections. 

99. The Governor with the advice of the Executive Coun- 
cil appoints a Commissioner of Labor Statistics, whose 
duty is to look after the welfare of labor in the State, and 
make a report containing statistical details of all the depart- 
ments of labor. He corresponds with interested parties in 
other parts jof the United States and imparts such information 
as may tend to induce them to locate mechanical and produc- 
ing plants within the State. He looks after the sanitary con- 
dition of institutions where labor is employed and reports 
the progress being made with schools now in operation for 
instruction of students in mechanical arts. Five thousand 
copies of his report are printed for distribution. He gives 
a bond of two thousand dollars for the faithful performance 
of his duties and receives a salary of fifteen hundred dollars 
per year. He is allowed an assistant with a salary of one thou- 
sand dollars per year and traveling expenses to the amount 
of five hundred dollars. 



QUESTIONS. 

1. Give reasons why inspectors of passenger boats are 
appointed. 

2. What are the duties of Custodian of Public Buildings? 

3. Why are mine inspectors necessary? 

4. Which officers receive their compensation in fees? 



OFFICERS APPOINTED. 93 

5. Give reasons why each of the following are appointed: 
Veterinary Surgeon, Dairy Commissioner, Dental Examiners, 
Superintendents of Weights and Measures, Commissioners of 
Pharmacy, Board of Health, Director of Weather and Crop 
Service, Curator of Historical Collections, Oil Inspectors. 

6. Which of above receive no compensation? 

7. What are the duties of notaries public? 

8. Describe the State Historical Society. 

9. What does the Commissioner of Labor Statistics do? 

10. How are weights and measures in different parts of the 
State kept equal? 



CHAPTER X. 

MISCELLANEOUS. 

100. The Executive Council consists of the Governor, 
Auditor, Secretary of State and Treasurer. Any three of 
these constitute a quorum for the transaction of business. 
They perform for the State some of the duties the supervisors 
do for the county. The township trustees equalize the as- 
sessment of farms in the township. County supervisors equal- 
ize the assessments between the various townships and the 
Executive Council attend to the same between the different 
counties of the State. 

They canvass the votes for the State elections; issue cer- 
tificates of elections; have custody of State property; furnish 
light, fuel, stationery, etc., for State officers; order purchases 
by Custodian of Public Buildings; award contracts for pub- 
lication of Supreme Court reports; levy taxes to pay county 
bonds when such is neglected by proper authorities;* assess 
the railroads of the State; may authorize sale of school lands 
for less than the minimum price (school lands are sold by 
township trustees and county supervisors); authorize payment 
of expenses when the State purchases land sold for taxes, and 
they hold in trust gifts that anyone may donate to the institu- 
tions of the State. 

They keep a journal of their proceedings and furnish 
county auditors with printed directions and blank forms for 
proper taking of the census. The bonds of the Treasurer of 
the Reform Schools and that of College for the Blind are ap- 
proved by them. 

101. On the second Wednesday of January there is a meet- 

*See section 77. 

94 



MISCELLANEOUS. 9d 

ing of the Board of Directors of the Iowa State Agri- 
culture Society. At such meetings officers and directors are 
elected, papers or essays relating to agriculture are read and 
premiums are awarded for field crops. The object of the so- 
ciety is to further the agriculture development of the State. 
In nearly every county there is a county agriculture society. 
The State gives each county society that complies with certain 
requirements, about two hundred dollars, and county super- 
visors are allowed to appropriate money to the same cause. 
The fairs are under control of these societies. 

102. On the third Tuesday in January there is a meeting 
of the Iowa State Horticultural Society. At each such 
meeting they elect officers and directors, award premiums on 
essays, and discuss questions relating to the development of 
horticulture. The object of the society is to further the fruit 
and tree-growing interests of the State. Twenty-seven hun- 
dred dollars are annually appropriated for the use of the 
society. The secretaries of agricultural and horticultural 
societies make an annual report pertaining to the interest 
of each society, containing essays, statements and recommen- 
dations and the general condition of the agricultural and 
horticultural interests of the State. 

103. When Iowa became a State she received 500,000 
acres of land and the sixteenth section of each organized con- 
gressional township, which she devoted to the support of 
schools. This land has been sold and the proceeds loaned 
out. The United States Government also donated five per 
cent, of the proceeds received from the sale of public lands 
in the State to the "Permanent School Fund." The sum 
now amounts to nearly four million dollars and is increased 
from time to time by the sale of escheats.* The money 
is loaned at six per cent, interest the income being about 
$235,000 per year. The proceeds of fines and forfeitures are 
added to this amount every year, making the amount an- 

♦Property of a deceased person who has no heirs. 



96 OUR STATE AND NATION. 

imally distributed to the school districts about $260,000. 
Each township, therefore, receives for school purposes on the 
average about $200. The school fund is loaned by county 
auditors. The State Auditor proportions the income to the 
counties according to the population of school age. The 
county auditor divides it among the school districts in the 
same manner. 

104. The Militia of Iowa consists of all the able-bodied 
men between the ages of eighteen and forty-five. The active 
militia consists of four regimentsf of volunteers and are desig- 
nated "The Iowa. National Guard/' Enlistments are for three 
years, but the soldier may re-enlist for one, two or three 
years. 

The four regiments are organized into two brigades. Each 
regiment is composed of not less than eight, nor more than 
twelve, companies, and a company cannot be composed of 
less than forty nor more than sixty-four, privates and non- 
commissioned officers. The Governor is commander-in-chief, 

fAt discretion of commander-in-chief two batteries of artillery 
and two troops of cavalry may be added. 

In the active militia the officers are as follows: Staff officers 
of the Commander-in-Chief — Adjutant General, Inspector Gen- 
eral, Quartermaster General, Commissary General and Surgeon 
General, and such other officers as he may think proper; at 
present, a Judge-Advocate General, Chief of Engineers, Assistant 
Inspector General, Chief Signal Officer and Military Secretary, 
Aides-de-Camp. 

Brigade Officers — Brigadier General, Assistant Adjutant Gen- 
eral, Surgeon, Assistant Inspector General, Judge-Advocate, Engi- 
neer and Signal Officer, Inspector of Small Arms Practice, Quar- 
termaster, Commissary of Subsistence, Aides-de-Camp, Quarter- 
master Sergeant. 

Regimental Officers — Colonel, Lieutenant Colonel, Majors, Ad- 
jutant, Battalion Adjutant, Inspector of Small Arms Practice, 
Quartermaster, Surgeon, Assistant Surgeon, Chaplain. 

Officers of Companies— Captain, First Lieutenant, Second Lieu- 
tenant, five Sergeants and four Corporals. Sergeants and Cor- 
porals are non-commissioned officers. 



MISCELLANEOUS. 97 

and appoints an Adjutant General, whose duties are to issue 
and transmit all orders of the commander-in-chief, concerning 
the military affairs of the State. He has charge of the State 
arsenal and grounds, issues all ordnance stores and camp 
equipage on order of commander-in-chief. On or before the 
first of December before a session of the Legislature he makes 
a full and detailed report of the transactions of his office, the 
expenses of the preceding years and such other matters as 
the Governor may require. He receives a salary of fifteen 
hundred dollars per year. Field officers receive when on duty 
four dollars per day; other commissioned officers two and one- 
half dollars; non-commissioned officers two dollars; privates 
one dollar and a half. 

The assessor of every township makes out a list of men 
who are between the ages of eighteen and forty-five and re- 
turns it 'to the county auditors, who make out lists for the 
counties and send it to the Adjutant General. Thus in time of 
war or sudden danger, the Governor has a list of the entire 
militia of the State, and if upon call for volunteers, not a 
sufficient number enlist, he may draft a certain number from 
every township. 



QUESTIONS. 

1. Compare as fully as you can Executive Council and 
county supervisors. 

2. Explain the purpose of the agricultural and horticul- 
tural societies. 

3. What is the Iowa National Guard? 

4. What are the duties of Adjutant General? 

5. How many soldiers may be in the Iowa National Guard? 

6. Explain how the Governor may draft militia in time of 
public danger. 

7. Where is the fair held in your county? 



98 OUR STATE AND NATION. 

8. Who are members of the society in your county? 

9. What is the annual income from the Permanent School 
Fund? What was the source of this fund? 

10. Who attends to loaning the money? How is the in- 
come proportioned over the State? 



CHAPTER XI. 
STATE JUDICIARY. 

105. The Supreme Court of the State consists of six 
judges. They are each chosen for a term of six years, one 
generally being elected each year. 

The sessions of the Supreme Court are held at Des Moines. 
The sheriff of Polk county or his deputy attends this court, 
the same as a district court in his county. The Attorney 
General must be present during the sessions to look after 
the interests of the State. This court has jurisdiction over 
all cases appealed from any court of record in the State, and 
its judgment is final except on questions involving the Con- 
stitution or Statutes of the United States. 

If a party in a suit is aggrieved by a decision in a justice 
court, he may, by giving bond to comply with such decision 
should it be sustained, appeal the case to the district court 
of his county. Either party also in a suit in a district court 
may, by proper proceedings, appeal the case to the Supreme 
Court of the State. The Supreme Court has no jurisdic- 
tion except in cases appealed from the lower courts, viz., dis- 
trict court or superior court of a city. It holds, at least, three 
sessions per year. At least four of the judges must agree in 
order to render a decision. If three vote one way and three 
oppose them, the decision of the lower court is sustained. 
This court may set aside the decision of the lower court on 
account of some error and thus allow the case to be tried again 
in the lower court. 

The judge having the shortest time to serve is chief justice. 
One of these judges administers the oath of office to Governor 
and Lieutenant Governor. They have the power to issue sub- 
poenas for witnesses, to take acknowledgments, and to $ol- 

99 



100 OUR STATE AND NATION. 

emnize marriage. They are trustees of the State Library. 
They receive $4,000 per year. 

106. The Clerk of the Supreme Court keeps a record of 
its proceedings, has charge of the written opinions of the court 
and announces its decisions. He has power to administer 
oaths and take acknowledgments. He keeps a docket and 
files all cases in order presented. He is allowed an as- 
sistant. 

The Reporter of the Supreme Court makes out the Su- 
preme Court reports, and delivers them to the one who has 
the contract for printing the same. 

These two officers give bonds of not less than ten thousand 
dollars. The Clerk's salary is two thousand per year and the 
Reporter receives six hundred dollars for each volume of re- 
ports which he completes. 

107. The judge of any court may solemnize marriages and 
take acknowledgments of any instruments in writing. They 
are conservators of the peace, and may, on proper evidence 
issue a warrant committing a boy or girl to the Reform School; 
but no one can be so committed who is under seven years old 
or is of unsound mind. When it is necessary they may sur- 
render a boy or girl to the Home of the Friendless. 



QUESTIONS. 

1. How many judges in the Supreme Court? 

2. How many terms of court per year? 

3. Describe the jurisdiction of this court. 

4. What is an appeal? Tell some of the powers of a 
judge. 

5. What are the duties of the Clerk? 

6. What are the duties of the Reporter? 

7. Wliat are the salaries of Supreme Judges? How long 
do they hold office? 

8. Give some powers that any judge has. 



CHAPTER XII. 
STATE INSTITUTIONS. 

108. Before Iowa was admitted as a State, the Congress 
of the United States set apart over forty-six thousand acres 
of land to aid in establishing the State University. 

The first General Assembly established the university at 
Iowa City. The object of this institution is to supply the 
people with the best means of obtaining a thorough education. 
The regular college department embraces four years' study. 
The best high schools of the State prepare pupils for entering 
this department, in which are the following courses: Class- 
ical, philosophical, scientific and engineering. The other de- 
partments are law, pharmaceutical, homoeopathic medical, 
medical and dental. The management of the State Universi- 
ty is in the hands of a Board of Regents, which consists of the 
Governor, Superintendent of Public Instruction, the Presi- 
dent of the university and one person from each of the eleven 
congressional districts, who are chosen by the General Assem- 
bly in joint session. 

The first three are members of the board by virtue of their 
office. This board has power to grant diplomas and confer 
degrees. 

109. In 1862 the United States Congress gave to all the 
States for the purpose of founding an Agricultural College 
and farm, thirty thousand acres for each Representative in 
Congress. Iowa received two hundred forty thousand acres. 
Two years later the State made an appropriation for suitable 
buildings. The college domain consists of about nine hundred 
acres, of which the farm proper contains six hundred forty. 
The object of this institution is to give a higher education 

101 



I'02 OUR STATE AND NATION. 

to the industrial classes. It contains five schools: Engineer- 
ing, agriculture, veterinary science and domestic economy, 
and school of mines. It requires four years to complete the 
two former, and two years for the schools of domestic economy 
and veterinary science. There is also much work required 
in literature, language, mathematics, physics, chemistry, biol- 
ogy, physiology and military science. Tuition is free to all 
residents of the State over sixteen years of age. The interest 
on the fund arising from the sale of the land is not sufficient 
for the support of the institution, and the General Assembly 
at present appropriates about fifteen thousand dollars annually 
for that purpose. This college is located at Ames, and is man- 
aged by a board of eleven trustees, one from each congres- 
sional district elected by the General Assembly. Their term of 
office is six years. 

110. The State Normal School at Cedar Falls was estab- 
lished in 1876. The General Assembly then required the trus- 
tees of the Soldiers' Orphan Home to put the property in their 
charge at Cedar Falls into the hands of the trustees of the new 
institution. The buildings were remodeled and teachers hired 
in time for the first term to begin on the sixth of Septem- 
ber. 

The trustees are six in number, two of whom are elected 
at each meeting of the General Assembly. They have general 
charge of the institution, elect teachers, direct changes in 
buildings and grounds, establish rules for admission of pupils, 
and make a full report each year to the Superintendent of 
Public Instruction, who is president of the board ex-officio. 

It is the object of the Normal School to prepare young 
men and ladies for the profession of teaching. It has already 
had a marked effect in the progress of education in the State, 
and under efficient management is steadily increasing in favor. 
There are two courses of study; the first embraces three years' 
work and leads to the degree "Bachelor of Didactics;" the 
second embraces four years' work, and leads to the degree of 
"Master of Didactics." Teachers who are successful in school 



STATE INSTITUTIONS. 103 

work and have had the required amount of experience are 
granted State certificates on completing the first course. 
Those who have completed the second course and have taught 
successfully for five years while holding a State certificate 
are entitled to a State diploma. 

111. The Governor appoints three men, all of whom can- 
not be of the same political party, and who are residents of 
different congressional districts, to constitute the "Board of 
Control of State Institutions." This Board has control 
of the Soldiers' Home, the State Hospitals for the Insane, 
the College for the Blind, the School for the Deaf, the Institu- 
tion for the Feeble Minded, the Soldiers' Orphans' Home, the 
Industrial Home for the Blind, the Industrial School in both 
departments, and the State penitentiaries. They also have 
charge of the financial affairs of the State Normal School, 
Agricultural College and State University. 

The boards of trustees and commissioners now charged with 
the government of these institutions have no further legal 
existence after July 1, 1898. 

The Board of Control must visit each institution at least 
once in six months and investigate every part of each institu- 
tion, and all of the grounds and buildings belonging thereto. 
Each hospital for the insane must be visited once a month. 
This body has general control of the institutions, attends 
to all expenditures, and appoints the superintendents, warden, 
and other chief executive officers of each institution under 
its charge (such officers are appointed for six years). It re- 
ports to the Governor the condition of the different institu- 
tions and any aibuses or wrongs alleged to exist in them, and 
submits the result of its findings to the proper officers, to take 
such proceedings as are advisable. 

The money received in any of these institutions is turned 
over to the State Treasurer on the first of each month, the 
office of local treasurer being abolished on July 1, 1898. 

The members of the building commission having charge of 
the Cherokee hospital for the insane were relieved from that 



104 OUR STATE AND NATION. 

duty and turned over to the Board of Control all plans, speci- 
fications, etc. The duties of the officers of the institutions 
except that of treasurer remain practically as they are. 

The term of office of members of the Board of Control is 
six years, one 'going out of office every two years. The one 
having the shortest time to serve is chairman. Their salary 
is $2,500 per year. 

The General Assembly established the Institution for 
the Deaf and Dumb at Iowa City in 1855. It was removed 
to its present location (Council Bluffs) in 1870. This school 
affords opportunity for the training of the deaf and dumb 
children of the State. The older children are instructed in 
trades taught in the several workshops connected with the 
institution. The education and training is such as will best 
suit the need of the pupils. 

This school, prior to July 1, 1898, was in charge of three 
trustees, each of w T hom is elected by the General Assembly 
for a term of six years. 

112. The first School for the Blind was established at 
Keokuk in 1852, by Mr. Samuel Bacon. In 1853 the General 
Assembly took charge of the school, and removed it to Iowa 
City. In 1862 it was removed to Vinton, its present loear 
tion. All blind children who are residents of the State and of 
suitable age are entitled to an education at this school, free 
of charge. The College for the Blind, prior to July 1, 1898, 
was under the control of five trustees, each serving six years, 
who are elected by General Assembly. 

113. For the care of adult blind persons of the State the 
Industrial Home for the Blind was established in 1891, 
at Knoxville, Marion County. Every blind person in the State 
of adult age who is physically and mentally able to perform 
the work required in the trades or avocations carried on at the 
home is eligible to become an inmate. 

The home, prior to July 1, 1898, w T as under the manage- 
ment of three trustees, elected by the General Assembly. 



STATE INSTITUTIONS. 105 

Their term of office is six years. One of the trustees must be 
a woman and one must be a resident of Marion County. 

114. The Institution for Feeble-Minded Children 

was opened at Glenwood, Mills County, in 1876. Its object is 
for the instruction of feeble-minded children, not having 
mental capacity for learning in the public schools. Here 
under special treatment, these unfortunates are so trained as 
to be fairly well fitted for life. Children between the ages of 
five and eighteen years are admitted any time of the year. 

It, prior to July 1, 1898, was under the control of three 
trustees, one of whom is elected at each regular meeting of 
the General Assembly. 

115. The honor of founding the Soldiers' Orphans' 
Home belongs to Mrs. Annie Wittenmeyer. Thru her efforts 
a home was opened in July, 1864, and supported by contribu- 
tions from the people, until 1866, when the State took charge 
of it and made arrangements for homes in different counties. 
One was located at Cedar Falls and one at Glenwood, and a 
third at Davenport. In 1876 the children were all removed to 
Davenport, the buildings at Cedar Falls being turned over to 
the trustees of the State Normal School, and those at Glen- 
wood to the trustees of the Institution for Feeble-Minded 
Children." 

The home has cared for over four thousand different chil- 
dren in the past thirty-two years. They have come from the 
homes of broken-down old soldiers, from unfortunate but 
worthy poor families and from the hovels of crime. They 
are subjected to such discipline and instruction as tends to 
make them useful and worthy citizens. The home, prior to 
July 1, 1898, was in charge of three trustees, one of whom 
is elected every two years by the General Assembly. 

116. The Soldiers' Home is located at Marshalltown, 
and prior to July 1, 1898, was under the charge of five com- 
missioners who are appointed by the Governor by and with 
the consent of the Senate. All honorably discharged soldiers, 
sailors and marines who have served in the United States army 



106 OUR STATE AND NATION. 

or navy and are disabled by wounds, disease or otherwise, are 
cared for in this home. Soldiers who are admitted must have 
served in an Iowa regiment or been a resident of the State 
three years previous to admission. 

117. There are Asylums for the Insane at Independ- 
ence, Mount Pleasant, Clarinda and Cherokee.* 

In each county the clerk of the district court and two 
others, whom the judge of the district appoints, one of whom 
must be a lawyer and the other a physician, constitute the 
commissioners of insanity. Any person deemed a fit subject 
for treatment in a hospital for insane is .taken before them 
for examination. (In some cases the presence of the insane 
person is not necessary, but such one must be examined by a 
physician, whom they appoint.) If the commissioners decide 
that the person is a fit subject for treatment they issue a 
certificate to that effect. The expense of keeping the inmates 
of the asylums is borne either by the counties from which 
they are sent, by the relatives of the insane or by the insane 
themselves, if they are owners of property. These institu- 
tions at present are caring for nearly three thousand insane 
people. 

118. There is an Industrial School for boys at Eldora, 
and one for girls at Mitchelville. These institutions are for the 
reformation of juvenile offenders. Any boy or girl of sound 
mind between the ages of seven and sixteen, who is found 
guilty by a court of record of any crime except murder may 
be ordered by the judge to one of these schools. If a boy 
or girl is convicted before a justice of the peace the case 
is referred to a judge of a court of record, who may sentence 
the offender if, in his opinion, he should do so. 

Incorrigible children may be admitted to the Industrial 
School if the parents or guardian makes application to a judge 
for their admission. 

*At present this one is unfinished; March, 1898. 



STATE INSTITUTIONS. 10? 

These schools, prior to July 1, 1898, were under control 
of five commissioners appointed by the General Assembly. 

119. The Penitentiaries of the State are located at An- 
amosa and Fort Madison. They are maintained for the safe- 
keeping of convicts sentenced to imprisonment for any length 
of time. Each penitentiary is under the superintendency of a 
warden appointed by the Board of Control. His term of 
office is six years and if the office becomes vacant it is filled 
by appointment by the Governor. It is their duty to oversee 
the receipts and expenditures of the institution, and the dis- 
cipline and management of convicts, appoint the necessary 
officers for governing the same and attending to the business 
thereof. He gives a bond to be approved by the Governor 
in the sum of fifty thousand dollars, for the faithful execution 
of his duties. 

The officers appointed by him are: Deputy warden, clerk, 
chaplain and guards. 

The clerk keeps a record of the affairs of the penitentiary. 
He gives a bond of forty thousand dollars, which is approved 
by the Governor. 

The deputy warden also gives a bond of five thousand dol- 
lars, approved by the Governor. He is the assistant of the 
warden and keeps a record of all the convict labor and other 
business under his control and reports it to the clerk at the 
close of each day. 

Each of the guards gives a bond of one thousand dollars. 
The chaplain spends as much of his time as the labor and 
condition of the convicts will allow, in imparting to them 
moral and religious instruction. He also acts as teacher of the 
convicts who cannot read or write. 

The warden makes out a monthly report which he sends 
to the Governor, and also a biennial report, which must be 
completed by the fifteenth of September next preceding the 
session of the General Assembly. It is the duty of the Gov- 
ernor to inspect the penitentiaries at least once every three 



108 OUR STATE AND NATION. 

months. If his duties are such that he cannot visit them him- 
self, he may appoint some one to attend to that duty. 



QUESTIONS. 

1. Name and locate the State institutions. 

2. What is the object of each? 

3. Who are generally prepared for entering the college 
department of the State University? 

4. How many departments are there in the university? 

5. How are the trustees of these institutions chosen? 

6. Explain the duties of the Board of Control. 

7. How may an insane person be admitted to a hospital? 

8. Who are sent to the Industrial Schools? Must a child 
commit a crime in order to be sent ? 

9. Name the officers of the penitentiaries. 

10. How much land was granted for the university? For 
the Agricultural College? 



CHAPTEE XIII. 

POLITICAL MEETINGS.— ELECTIONS. 

120. Very early in our history, in fact, before our nation 
became the United States, there were political parties. Dur- 
ing the Kevolutionary War the patriots, or those favoring in- 
dependence, were in the majority, but there were large num- 
bers of loyalists or those who favored English rule. Such 
vital principles as these seldom form the line between parties 
except in times of war. In times of peace the difference be- 
tween the issues of the two parties are generally of no serious 
consequence, and the party lines serve principally to render 
the nomination and election of officers easier than would be 
possible without political parties. 

THE PRIMARY MEETING OR CAUCUS. 

121. A few weeks, or it may be, months, before an election 
the members of a party living in a voting precinct meet and 
appoint delegates to the county convention. The number of 
delegates that are to attend the county convention are ap- 
portioned to the different townships or voting precincts in pro- 
portion to the number of votes that party cast at the next 
preceding general election. The delegates are chosen in va- 
rious ways. A method known as the "gun-wad plan" is as 
follows: The names of all present who are members of the 
party holding the meeting and are entitled to vote in that 
precinct are written each on a separate slip of paper and 
placed in a hat. The secretary of the meeting then proceeds 
to draw the required number of names as delegates. Generally 
a second list is drawn at the same time, alternately with the 
first. These are called alternates, each delegate having a 
certain alternate who may attend the convention and vote 
when the delegate whose alternate he is, does not attend. x\n- 

109 



110 OUR STATE AND NATION. 

other method is to select the delegates by ballot. As this 
meeting is held to select delegates who meet at the county 
seat to nominate county and state officers, the people at this 
meeting sometimes ballot for those whom they wish nom- 
inated, and thus instruct their delegates how to vote at the 
convention. When this is done, the chairman of the meeting 
sometimes appoints the delegates. 

122. At the county convention delegates are selected to at- 
tend the State convention to nominate State officers. Gen- 
erally special primary meetings and county conventions are 
held for the latter purpose. 

The convention organizes by electing one of the delegates 
chairman and another secretary. In balloting for nomination 
of officers, usually each office is disposed of separately, and 
the ballots are taken by voting precincts, each balloting sep- 
arately and reporting to the convention in the order called 
upon by the chairman. The secretary then reports the result 
of the joint ballots. 

123. The chairman and secretary make out certificates 
of nomination, which must contain the names of candidates, 
the office to which each is nominated, the party or political 
principle which he represents, and his place of residence. 

When nominations are made by a primary meeting the cer- 
tificates are made out by the board of canvassers to which the 
returns are sent. 

The certificates of those nominated for State officers must 
be filed with the Secretary of State not more than sixty nor 
less than thirty days before the election. Certificates of the 
nomination of county officers must be filed with the county 
auditor not more than sixty nor less than twenty days before 
the election. The certificates of nomination of the officers 
of an incorporated town or city are filed with the clerk or 
recorder of the town or city. (Such elections are independ- 
ent of the county in which the town or city is located.) 

124. Any person nominated may withdraw by presenting 
a, written request, which must be acknowledged before an offi- 



POLITICAL MEETINGS— ELECTIONS. Ill 

cer qualified to take acknowledgments, to the Secretary of 
State at least fifteen days before election if lie is nominated 
for a State office, and to the auditor (of the county), clerk or 
recorder (of city or town) at least eight days before election, 
if he is nominated for an office in county, city or town. When 
such request is presented the name of the candidate does not 
appear on the ballot. 

125. Each political party assembled in convention select, 
generally, three or more of their number to compose an execu- 
tive committee. This committee has such powers as are 
granted to them. They are allowed to fill vacancies occasioned 
by withdrawal or otherwise. 

126. Objections to nominations must be made in writing. 
If the objections are made to the nominations of State officers 
or officers elected by votes of a division of the State greater 
than a county, or for office of any member of the General 
Assembly, they must be considered by the Secretary of State, 
Auditor of State and Attorney General, unless one or more of 
these officers is objected to, then such officer must yield his 
place to Governor, Treasurer or State Superintendent, when 
hearing such objections. If the objections are to nominations 
of officers of <the county or township, it is decided by the 
county auditor, clerk of the district court and county attorney, 
but when these officers are in the list of those objected to, 
such ones yield their place to the county treasurer, sheriff or 
superintendent. Where the same occurs in reference to the 
officers of a city or incorporated town the decision is made by 
the mayor, clerk or recorder and one councilman chosen by 
lot. 

127. Nominations made by parties having cast less than 
two per cent, of the. entire vote polled at the next preceding 
election must nominate officers by petition. At least five hun- 
dred electors of the State must sign the petition asking for 
the nomination of officers to be elected by voters of the whole 
State. Petitions for nomination of county officers or of offi- 
cers of a division less than the State, must be signed by not 



112 OUR STATE AND NATION. 

less than twenty-five qualified voters of such county, district 
or division. Petitions for nomination of officers of a, city, 
town, precinct or ward must be signed by not less than ten 
electors thereof. 

128. The Secretary of State makes out from the certifi- 
cates filed with him a list of all the candidates, with the 
residence arid the political party to which each belongs, and 
certifies the same to each county auditor not less than fifteen 
days before election. The county auditor then has at hand all 
the data necessary for making out ballots for each voting 
precinct in his county. 

The county auditors have the ballots printed and furnish 
them to the judges of election of each precinct. If a con- 
stitutional amendment or other measure is to be submitted to 
a vote of the people it is printed on each ballot. 

129. One and a half times the number of ballots supposed 
to be required at each voting precinct is delivered to the 
judges thereof, and enough extra ballots are kept by the audi- 
tor to supply the largest voting precinct in the county. These 
reserve ballots are blank for all offices except those voted for 
by the entire county, and if it is necessary to use them the 
names of candidates voted for by a division of the county 
must be written by the voter in the blank spaces. The audi- 
tor also prepares full instructions for the guidance of voters 
at elections. The instructions are printed on cards in large, 
clear type and given to the judges of elections. One of these 
cards must be posted in each voting booth, and at least four 
such cards in and about the polling place on the day of elec- 
tion. 

130. The trustees of the township provide polling places, 
booths and other things necessary for holding the election. 
In cities and towns the mayor and clerk or recorder attend to 
this duty. 

131. The election board of each precinct is composed of 
three judges and two clerks. Township trustees and clerks are 
members of the board ex-officio unless the three trustees be- 



POLITICAL- MEETINGS.— ELECTIONS. 113 

long to the same political party, then the board of super- 
visors appoint some one from that precinct belonging to the 
other next strongest pol'tical party of that precinct as judge 
in place of that trustee having the longest time to serve. 
In cities vacancies are filed in the same way, except in the 
city election, when the wl ole is in the hands of the council- 
men. Councilmen are ex- officio judges of elections in their 
precincts, as are trustees in townships. The two clerks of elec- 
tion must not belong to tl e same party. The membership 
of the election boards is completed by the board of super- 
visors. 

If a vacancy in judges or clerks occurs at the opening of the 
polls, it is filled from the political party entitled to the vacant 
place by the other members of the board. 

132. At the place of voting there must be a guard rail so 
placed that anyone outside the guard rail cannot approach 
nearer than six feet of the ballot box. The booths are placed 
within this guard rail. They must be seven feet high, and 
conceal the voter from sight. Any elector wishing to vote 
passes up to the railing and gives his name to the judges. 
If unchallenged and registration is not required in the pre- 
cinct, his name is written on the two poll books by the clerks 
and he is allowed to pass within the railing. If challenged* 
he must affirm under oath that he is a qualified elector before 
he can vote. One of the judges gives him one ballot bearing 
judge's initials and he passes into a booth alone to make out 
his ballot. If he is unable so to do, two of the election offi- 
cers of different political parties assist him. If he should 
spoil the ballot given him he returns the spoiled one to the 
judges and receives another. After marking his ballot he 
folds it so the marks cannot be seen, before leaving the booth. 
He gives it to one of the judges, who deposits it in the ballot 
box. The voter then immediately passes outside the railing. 

133. Eegistration of voters is required in all cities having 

♦Challenges are made by the judges of election or any elector. 

s 



114 OUR STATE AND NATION. 

a population of over twenty-five hundred. In such cities 
a board of registry, consisting of two persons of opposite polit- 
ical parties, is appointed. Qualified voters must appear before 
the board at the designated time and place for registration. 
At the election in any such precinct anyone not having reg- 
istered is not allowed to vote unless he can prove that it was 
impossible for him to register on the days on which the board 
of registry met. If this is the case he may register on election 
day, as the board is in session somewhere near the polls on that 
day. 

On the Saturday before election the board of registration 
holds session from 8 a. m. to 9 p. m. 



POLITICAL MEETINGS.— ELECTIONS. 



115 



A STRAIGHT REPUBLICAN BALLOT 


(££) REPUBLICAN 


O DEMOCRAT 


(3 PROHIBITION 


Q UNION LABOR 


□ 


D 


□ 


a 


□ 


□ 


a 


a 


D 


□ 


a 


□ 


□ 


□ 


a 


□ 


□ 


□ 


□ 


□ 


D 


□ 


a 


a 











A MIXED BALLOT 



O REPUBLICAN 


(2) DEMOCRAT 


Q PROHIBITION 


(_) UNION LABOR 


QD 


D 


D 


a 


CB 


a 


a 


a 


D 


DO 


a 


□ 


a 


s 


a 


a 


a 


a 


H 


a 


a 


a 


a 


m 


□ 


a 


D —^ 


jx 1 ^— ---___ 



A BALLOT THAT MUST BE REJECTED 



Q REPUBLICAN 


Q DEMOCRAT 


Q PROHIBITION 


Q UNION LABOR 


IS 


D 


D 


a 


s 


a 


D 


a 


m 


□ 


a 


a 


B— 


si 


s=- 


&— 


&- 


&— 


so 


g=- 


'OB 


a 


a 


a 


S □ 


D__ c 


iD_ . 


== — ^^ _^ — 






116 OUR STATE AND NATION. 

The marks outside the squares serve to make the ballot 
so that it can be identified. As the object of the law is 
to make a secret ballot this is a violation of the law. Any 
marks outside of the circles or squares except those used in 
writing the name of the candidate, when there is a blank for 
such name, might serve to identify the ballot, and the judges 
should reject such ballot. 

If a straight ticket is desired to be cast, mark in the circle 
at the head of the ticket. If the voter wishes to cast a mixed 
ballot, he should mark in the square opposite the name of 
each candidate he desires to vote for and put no other mark 
on the paper. 



QUESTIONS. 



1. Where are primaries held? How are the number of 
delegates each precinct sends to the county convention de- 
cided 

2. Describe the gunwad plan. What are alternates? When 
do they vote in convention? 

3. Where are delegates chosen to attend the State conven- 
tion? 

4. How does the convention organize? 

5. Who makes out certificates of nomination? 

6. Certificates for nominees of State officers are filed when 
and where? For nominees of county officers are filed when 
and where? 

7. How may a person withdraw? 

8. What is the executive committee? What is its work? 

9. How are objections to nominations made? By whom 
are the objections considered if for candidates for State offices, 
etc.? By whom if they are for candidates for county offices? 

10. How are nominations by petition made? 

11. What does the Secretary of State do in regard to the 
ballots? 



POLITICAL MEETINGS.— ELECTIONS. 



117 



12. What does the county auditor do? 

13. How many ballots are printed? 

14. What about reserve ballots? 

1 5 . What are instruction cards ? 

16. Give duties of trustees. 

17. Who are the judges of election? 

18. Describe arrangement of place of voting. 

19. If challenged what must the voter do? Who makes 
challenges? 

20. Where is registration required? 

21. What of the elector who is absent on registration 
i? 



CHAPTER XIV. 

THE STATE AND THE UNITED STATES. 

134. We have studied about the public business of the 
township and how it is attended to, why for convenience and 
economy much of the local business is placed in the hands 
of the county government, and why the making of general 
laws and the public business that can best be attended to by 
the State are in the hands of the State government. 

The Constitution* of Iowa is the supreme law of the State 
and, according to it, it is unlawful for the State government 
to attend to business which belongs to the counties, cities 
and towns, etc., but in order that the local affairs shall be ad- 
ministered uniformly the State makes general laws for guid- 
ance of counties, cities, towns and townships. 

As the county is composed of townships and the state of 
counties, so is the United States composed of the different 
States. The States are independent of each other. Never do 
two States together elect an officer of the United States, as we 
find two or more counties sometimes united into one district 
for the election of State Senators or other officers. 

135. The Legislature of our nation is called Congress, and 
is composed of two houses, the House of Representatives and 
the Senate. The former is called the Lower House and is 
composed of members elected from different States in propor- 
tion to the number of inhabitants. The Senate is composed 
of two members from each State. For the purpose of elect- 
ing members of the lower house, each State is divided by 
its Legislature into districts, the number of districts of each 
State generally equaling the number of Representatives to 

♦See Appendix. 

118 



THE STATE AND THE UNITED STATES. 119 

which it is entitled. (Iowa is entitled to eleven Representa- 
tives.*) Senatorsf are elected by the State Legislatures. The 
term of office for the former is two years, of the latter six 
years. 

The United States takes the census every ten years. After 
each census Congress determines how many Representatives 
there will be for the ensuing ten years, and apportions them 
among the States. 

136. There is an executive department of our national 
government to oversee the general business of the country, and 
a judicial department to try all cases of violation of national 
laws. 

The President is the chief executive officer. The Vice 
President sustains about the same relation to the national 
government as our Lieutenant Governor does to the State gov- 
ernment. The President and Vice President are elected in- 
directly by the people, but all other executive and the judicial 
officers of the United States are appointed either by the Presi- 
dent, with consent of the Senate, by the President alone or by 
other executive officers. 

The public executive business of the nation is so divided 
as to be included in eight departments. The head officer 
of each department is closely allied with the President, these 
eight officers comprising the President's Cabinet, or advisory 
council. The collection of all customs and revenue, regulation 
of commerce between the different States, the postal service, 
care of Indians, pensioning soldiers, the building of national 
improvements and intercourse with other countries are under 
national control. These duties and powers are assigned to the 
national government by the Constitution^ of the United 
States. This instrument limits the powers of the States, but 
all powers not prohibited them nor given to the Federal Gov- 
ernment are supposed to remain with the States. 

*Iowa Congressional Districts as appendix to this chapter. 

tSee 70. 

$See Article 1, Section 8, of Constitution of the United States. 



120 OUR STATE AND NATION. 



QUESTIONS. 

1. Are any United States officers ever elected jointly by 
two or more States? 

2. Compare Congress with our State Legislature. 

3. Of what is each house composed? 

4. How many Kepresentatives are from Iowa? 

5. How often are they apportioned? 

6. What executive officers of the nation are elected by the 
people indirectly? 

7. Who appoints the other executive and the judicial of- 
ficers? 

8. How many departments in the executive department? ■ 

9. What special powers and duties are assigned to the na- 
tional government by the Constitution cf the United States? 



CHAPTEE XV. 

NATIONAL EXECUTIVE DEPARTMENT. 

137. The term of office of President and Vice President is 
four years. They are elected by electors, who are chosen 
by the several States on the Tuesday after the first Monday 
in November. Each State chooses as many electors as it has 
Representatives and Senators in Congress. No person hold- 
ing an office of profit or trust under the United States can 
be an elector. The electors of each State meet at their State 
capital on the first Wednesday in December following, and 
vote separately for President and Vice President, both of 
whom cannot be a resident of the same State with them- 
selves. They then make separate lists of all persons voted for 
as President and for Vice President, showing the number of 
votes cast for each. The lists are signed and certified and 
sent sealed to Washington, D. C, directed to the President 
of the Senate. On the second Wednesday in February, these 
lists are opened by the President of the Senate in presence of 
both houses of Congress, and the votes counted. The persons 
having a majority of all the votes cast for President and Vice 
President respectively are declared elected. 

If no one receives a majority of all the votes cast for 
President, the House of Representatives at once choose, by 
ballot, a President from the not more than three persons hav- 
ing the highest number of votes for that office. The ballot is 
taken by States and two-thirds of the States must be repre- 
sented in order to constitute a quorum, each State having 
one vote. A majority of all the States is necessary for a 
choice. If no person has the required number of votes for 
Vice President, the Senate chooses a Vice President from the 
highest on the list. A quorum for this purpose consists of 

121 



122 OUR STATE AND NATION. 

two-thirds of the whole number of Senators and a majority of 
the whole number is necessary to elect. 

The object of having the President and Vice President 
elected by electors instead of by the people directly was origi- 
nally to place the election in the hands of trusted men, who 
would be better able to make a wise choice than would the peo- 
ple at large. Political parties, however, grew up and the elec- 
tors nominated by the parties are pledged to support the Presi- 
dential candidate of their own party. Thus the election of our 
Chief Executive is practically a popular election, and the 
machinery of election of the electors, etc., is merely a form 
entirely devoid of the result expected. 

In 1876 two certificates were returned by some of the 
States, and Congress referred the contest to an Electoral 
Commission consisting of five Representatives, five Sena- 
tors and five judges of the Supreme Court. 

138. In 1887 Congress passed the Electoral Count Bill, 
which proclaims that every State may provide by law for 
the final determination of all cases of contest concerning the 
choosing of electors. If any State fails to make adequate pro- 
vision and two certificates from one State are sent to the 
President of the Senate, the two houses of Congress separately 
determine which returns shall be accepted, and if the two 
houses fail to agree, those returns which are certified to by the 
Governor of the State in question are accepted. 

139. The President and Vice President must be na- 
tive-born citizens of the United States, and at least thirty-five 
years of age. 

Before entering upon his official duties the President takes 
the oath of office, which is administered by the Chief Justice 
of the Supreme Court, usually in the presence of a vast 
throng of interested spectators. He then delivers an inaugu- 
ral address, setting forth the policy of his administration. 

140. The Appointments made by the President are con- 
firmed by the Senate, which body has power to reject the 
appointments if it sees fit, altho this power is seldom used. 



NATIONAL EXECUTIVE DEPARTMENT. 123 

The first appointments made are the Cabinet Officers, 

who are men of similar political views with the President and 
whose support and assistance is desired in the arduous duties 
of the executive department. The ministers and ambassa- 
dors to foreign countries are the next most important officers 
appointed. (A minister is a representative to a foreign power 
and resides at the seat of government of the country to which 
he is minister. He should be in hearty accord with the ad- 
ministration of our government and a man worthy of the na- 
tion's trust. A minister of the highest rank is called an 
ambassador.) 

All United States judges and consuls are appointed 
by the President. (A consul is an agent of his government who 
resides in a foreign country, and looks after the interests of his 
own country, protecting its rights, commerce, merchants, 
seamen, and citizens who may be residing in such foreign 
country. They are in all the chief commercial centers in 
the world. At present they number about eleven hundred and 

fifty.) 

141. There are a large number of clerks, bookkeepers, 
stenographers, etc., employed in the eight departments. These 
are all appointed. Over 85,000 of them are now included in 
the classified service, and are not subject to removal except for 
reasons other than political. In order to secure competent 
persons for these positions, examinations are held in some 
of the principal cities of each State, where those wishing posi- 
tions are examined. Those receiving the highest grades are 
appointed,* and when vacancies occur in the more responsible 
places, the most faithful and competent in the lower positions 
are promoted. This method of securing efficient service has 
proved very successful, and meets the approval of the great 
majority of the people. 

*When a selection is to be made the three highest are certified 
and one is chosen from this three. Thus the one highest on the 
list may be certified three times, and then not get an appoint- 
ment. 



124 OUR STATE AND NATION. 

Many appointments are delegated by the President to the 
heads of the several departments to which they belong. City 
postmasters are appointed by the President, while those of 
smaller towns are appointed by the head of the Postoffice De- 
partment. 

142. The following are the remaining duties and powers 
of the President: 

Command of the Federal army and navy, and of the militia 
of the several States when called into service of the United 
States. Power to make treaties, but with the advice and con- 
sent of the Senate — two-thirds of the Senate must agree. 
Power to grant reprieves and pardons for offenses against the 
United States, except in cases of impeachment. Power to con- 
vene both houses on extraordinary occasions. Power to dis- 
agree with any bill or resolution passed by Congress. Con- 
gress has power to pass any bill so returned by a two-thirds 
majority of both houses. 

Duty to inform Congress of the condition of the country 
and recommend such measures as he deems expedient for the 
best interests of the country. (This is known as President's 
message.) Duty to receive foreign ambassadors. Duty to 
see that the laws are faithfully executed. Duty to com- 
mission all officers of the United States. Thus besides the 
power of appointment, the President has functions relating to : 
Administration of foreign affairs; administration of domestic 
affairs and legislation. 

The Governor of Iowa has powers and duties corresponding 
very closely to nearly all those relating to the administration 
of foreign affairs. The appointive powers of the latter are 
relatively greater since in addition to appointments relating to 
foreign affairs, he chooses his Cabinet officers, while the State 
officers corresponding to these are elected by the people. 

Corresponding duties and powers of President and Gover- 
nor: 



NATIONAL EXECUTIVE DEPARTMENT. 125 



PRESIDENT. 

1. Appointive power. 

2. Commander of army and militia. 

3. Power to grant pardons and reprieves and commute sen- 
tences. 

4. Power to convene Congress on extraordinary occasions. 

5. Veto power. 

6. Duty to send messages to Congress setting forth the 
condition of the country and recommending measures for 
its welfare. 

7. Duty to see that the laws of the United States are 
faithfully executed. 

8. Duty to commission all officers of the United States. 

GOVERNOR. 

1. Appointive power. 

2. Commander of militia. 

3. Power to grant pardons and commute sentences. 

4. Power to call extra sessions of the General Assembly. 

5. Veto power. 

6. Duty to send a biennial report to the Legislature set- 
ting forth the condition of the State and recommending meas- 
ures for its welfare. 

7. Duty to see that the laws of the State are faithfully 
executed. 

8. Duty to commission State -officers. 

CABINET OFFICERS. * 

The Secretary of State occupies the highest position in 
the Cabinet. The management of foreign affairs is his chief 
duty. The ambassadors and ministers to other countries, as 
well as consuls, are under his instructions. He has charge 

♦Names of, see Appendix, ch. xv. 



126 OUR STATE AND NATION. 

of the great seal of the United States, keeps the public records 
and publishes the statutes or laws of the United States. 

He issues passports or traveling papers to our citizens wish- 
ing to travel in foreign countries. When foreign criminals 
take refuge in this country, he issues warrants for their de- 
livery according to existing treaties. 

144. The Secretary of the Treasury is the minister of 
finance, and is supposed to recommend measures for the finan- 
cial welfare. To the extent Congress permits, he has charge of 
the currency and of the national debt. He reports to Congress 
and to the public the condition of the Treasury. At the begin- 
ning of our national government the financial question was of 
great importance. There was no money in the Treasury and a 
financial system had to be built up. This emergency made 
this department of first importance at that time, and Alex- 
ander Hamilton won merited renown by rescuing the country 
from embarrassment and founding our finance on a firm 
basis. 

This officer superintends the collection of all revenue, the 
coinage of money, and operation of national banks. The life 
saving service, maintained for rescue of persons from drown- 
ing, and the management of the marine hospital for dis- 
abled sailors, are under his charge. He is chairman of the 
lighthouses along the sea coast and lake coast. His greatest 
responsibility is the management of the national debt. The 
magnitude of the work may be realized by observing that ex- 
penditures of the government are over $500,000,000 per year 
and over one hundred fifty skilled and responsible employes 
are necessary to attend to the immediate work of the depart- 
ment. (This number does not include collectors of revenue.) 

145. The Secretary of War has charge of the affairs of 
the army and of the military academy at West Point. He also 
supervises the expenditures of money voted by Congress for 
the improvement of rivers and harbors. 

146. The Attorney General has general oversight of the 
judicial affairs of the nation. He prosecutes all suits in the 



NATIONAL EXECUTIVE DEPARTMENT. 127 

Supreme Court in which the United States is interested, and 
gives his opinion in writing upon the questions of law to the 
President and heads of departments, when such questions 
pertain to the duties of their offices. This department has 
such varied and extensive duties that the Attorney General 
has six assistant attorney generals and three solicitors, each 
of whom is supposed to be specially well informed in the 
particular lines of his duties; ten assistant attorneys," several 
clerks and private secretary. 

147. The Secretary of Navy has charge of the Navy and 
of the naval academy atAnnapolis. He has general manage- 
ment of the Naval Observatory at Washington. This depart- 
ment issues sailing charts, sailing directions, and other publi- 
cations for use of seamen. 

148. The Postmaster General* has general charge of 
the postal service of the United States. 

149. The Secretary of Interior has charge of the public 
lands, patents, pensions and affairs relating to the Indians. 
This department also has the management of taking the cen- 
sus. The commissioner of education and superintendent of 
the geological survey are officers of this department. 

150. The Secretary of Agriculture has general man- 
agement of the collection of information relating to agricult- 
ure. The Weather Bureau and the Bureau of Animal Indus- 
tries are important divisions of this department. 



QUESTIONS. 



1. Name the chief duties of the President. Of the Vice- 
President. 

2. Make a comparison of the duties of Governor of Iowa 
with those of President. 

♦See also paragraph 160. 



128 OUR STATE AND NATION. 

3. What duties has the latter that the former does not 
have? 

4. Name the chief duties of Secretary of State. With 
what State officer does he most closely correspond? 

5. Name the chief duties of the Secretary of the Treasury. 
Of Secretaries of War and Navy. 

6. Name the duties of Attorney-General and compare with 
corresponding State officer. 

7. What duties belong to the Department of Interior? 

8. What business belongs to the Department of Agricult- 
ure? 

9. Give your reasons why the Bureau of Education does 
not occupy the position of importance in the nation that the 
Department of Education does in the State of Iowa. 

10. Describe the election of the President. 

11. What was the Electoral Commission? 

12. What did the Electoral Count Bill provide? 

13. What is a minister? An ambassador? 

14. What is a consul? His duties? 

15. What is meant by being included in the classified ser- 
vice? How many officers in this at present? 

16. Does the President have the absolute power of ap- 
pointment? 



APPENDIX— CHAPTER XV. 
THE EXECUTIVE MANSION. 

President — William McKinley. 

Secretary to the President — John Addison Porter. 

Assistant Secretary — 0. L. Pruden. 

Executive Clerks — William H. Crook and George B. Cortel- 
you. 

In charge of Public Buildings and Grounds — Col. Theodore 
A. Bingham. 



NATIONAL EXECUTIVE DEPARTMENT, 129 



EXECUTIVE MANSION RULES. 

The Cabinet will meet Tuesdays and Fridays at 11 o'clock 
A. M. 

The President will receive Senators and Eepresentatives in 
Congress from 10 to 12 o'clock on all days except Cabinet 
days. 

Persons not Senators or Eepresentatives having business 
with, the President will be received from 12 to 1 o'clock every 
day except Mondays and Cabinet days. 

Those having no business, but who desire to pay their re- 
spects, will be received by ftie President in the East room at 
3 o'clock P. M. on Mondays, Wednesdays, and Fridays. 

CABINET OFFICERS. 

Secretary of State — William E. Day. 
Secretary of Treasury — Lyman J. Gage. 
Secretary of War — E. A. Alger. 
Attorney General — John W. Griggs. 
Postmaster General — James A. Gary. 
Secretary of Navy — John D. Long. 
Secretary of Interior — Cornelius N. Bliss. 
Secretary of Agriculture — James Wilson. 



CHAPTER XVI. 

THE LEGISLATIVE DEPARTMENT. 

151. The legislative power of our nation is vested in Con- 
gress, which comprises two houses as does our State Legisla- 
ture. The House of Representatives contains three hun- 
dred fifty-five members, who come from the several States in 
proportion to the population. At present the ratio is about 
one representative for every 170,000. They are elected in 
even-numbered years, the term being two years. 

The House is organized in a manner very similar to that 
of the corresponding house in the State Legislature. The 
speaker appoints all standing committees and names the chair- 
man of each. The room in which the House meets is one 
hundred thirty-nine feet long by ninety-three feet wide and 
thirty-six feet high. Light is admitted through the ceiling. 
There are on all sides deep galleries running back over the 
lobbies and capable of seating two thousand five hundred 
persons. The seats are arranged in curved concentric rows 
looking towards the speaker, whose handsome marble chair is 
placed on a marble platform projecting slightly forward in 
the room, the clerks and the mace are below in front of him. 
In front of the clerks are the official stenographers and to the 
right is the seat of the Sergeant-at-Arms. Each member has 
a revolving arm-chair, with a roomy desk in front of it, where 
he writes and keeps his papers. in the rear of these chairs 
is a railing, behind which there is an open space where the 
members may bring their visitors. 

152. The Senate contains ninety members. Two are 
chosen* by the Legislature of each State. Senators are elected 
for a term of six years and it is so arranged that one-third are 



'See 70, 



130 



THE LEGISLATIVE DEPARTMENT. 131 

elected every two years. The term of a Senator, then, is 
three times as long as that of a Representative. The framers 
of the Constitution of the United States in 1789 thought that 
by making the senatorial term a comparatively long one and 
having them elected by the Legislature instead of by the 
people, directly, would tend to protect the country against 
sudden changes of popular opinion by preventing hasty legis- 
lation. 

The Senate chamber is on the same general plan and con- 
tains about one-third the floor space as the hall of the Repre- 
sentatives. 

153. Members Of Congress must be citizens of the State 
from which they are chosen. The Senators must have been 
citizens of the United States nine years and be at least thirty- 
five years of age. The Representatives must be twenty-five 
or more years of age and have been citizens of the United 
States seven years. 

POWERS OF CONGRESS. 

154. The Constitution* gives Congress the following 
powers: 

To levy and collect taxes, duties, imposts and excises; to 
pay the debts and provide for the common defense and gen- 
eral welfare, but all duties, imposts and excises shall be uni- 
form throughout the United States: 

To borrow money on credit of the United States; to regu- 
late commerce with foreign nations and among the several 
States, and with the Indian tribes; to establish a uniform 
rule of naturalization, and uniform rules on the subject of 
bankruptcies throughout the United States. 

To coin money, regulate the value thereof, and of foreign 
coin and fix the standard of weights and measures. 

To provide for the punishment of counterfeiting the securi- 
ties and current coin of the United States. 

To establish post-offices and post-roads: to promote the 

*See General Appendix. 



132 OUR STATE AND NATION. 

progress of science and the useful arts by securing for limited 
times to authors and inventors the exclusive right to their 
respective writings and discoveries. 

To constitute tribunals inferior to the Supreme Court; 
to define and punish piracies and felonies committed on the 
high seas, and offenses against the law of nations; to declare 
the punishment of treason; to declare war, grant letters of 
marque and reprisal, and make rules concerning captures on 
land and water. 

To raise and support armies, but no appropriation of money 
to that use shall be for a longer- term than two years. 

To provide and maintain a navy; to make rules for govern- 
ment and regulation of the land and naval forces; to provide 
for calling forth the militia to execute the laws of the Union. 

To suppress insurrections and repel invasions; to provide 
for organizing, arming and disciplining the militia and for 
governing such part of them as may be employed in the service 
of the United States, reserving to the States respectively 
the appointment of officers and the authority of training 
the militia according to the discipline prescribed by Congress. 

To exercise exclusive legislation in all cases whatsoever 
over the District of Columbia, and like authority over all 
places purchased from the different States by consent of 
their legislatures, for the erection of-forts, magazines, arsenals, 
dockyards and other needful buildings. 

To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other 
powers vested by the Constitution in the government of the 
United States, or in any department or officer thereof. 

155. Direct Taxes have been levied by Congress but five 
times, the last time in 1861. The laws passed relating to in- 
direct taxes use the word "duties" in referring to all kinds of 
indirect taxes. Taxes paid by the manufacturers of spirituous 
liquors and those paid by merchants who import goods into 
this country are indirect taxes. The importer or producer 
of such goods adds the amount of the tax to the price of the 



THE legislative: department. 



133 



goods so that in the end the consumer pays the duty. Duties 
are levied at present on tobacco, spirituous liquors and a few 
other productions of minor importance. Those on imported 
goods vary from time to time, but are levied principally on 
such goods as are produced at home, the object being to en- 
courage home production while at the same time raising 
revenue to meet the expenses of the nation. 

Discrimination is sometimes made in favor of or against 
the imports from certain countries as they favor or discrimi- 
nate against receiving goods from this country. 

156. There is now in force an interstate commerce law 
which renders the commerce between the States uniform. Any 
law passed by a State which conflicts with this law or any 
other Federal law is unconstitutional.* 

157. Naturalization is the process by which a foreigner 
becomes a citizen of the United States. In order to become 
naturalized, an alien must make, at least two years before his 
admission to citizenship, a declaration on oath, that it is 
his purpose to become a citizen of the United States and re- 
nounce all allegiance to any foreign prince or state. When 
he applies for admission, he must declare, upon oath, that 
he will support the Constitution of the United States, and 
that he does renounce all allegiance to any foreign prince 
or state. The court before whom this is done must be satis- 
fied, before admitting him, that he has resided five years 
within the. United States, and one year in the State or Terri- 
tory in which the court is held, and that he has behaved as 
a man of good moral character. 

The children of citizens of the United States are consid- 
ered citizens, though born abroad. 

158. A person who is unable to pay his debts is said to be 
insolvent. Upon his own petition or that of one or more of 
his creditors he may go through proceedings of bankruptcy 
by which he is declared by the proper officer to be bankrupt 

♦Opposed to the Constitution or unlawful. 



134 OUR STATE AND NATION. 

and his property is divided among his creditors. He is then 
no longer liable for past debts, but may again accumulate 
and hold property in his own name. Three bankrupt laws 
have been passed by Congress, but none have remained on the 
statutes of the nation more than eleven years. When no 
national law of this kind is in force the different States may 
pass laws relating to bankruptcy. 

159. The metals used for coining money are gold, silver, 
nickel and copper. The first mint was established at Phila- 
delphia in 1892. At present there are mints, also, at New 
Orleans, San Francisco arid Carson City. 

The punishment for counterfeiting paper money and se- 
curities of the United States is a fine not exceeding $5,000.00 
and imprisonment at hard labor not longer than fifteen years; 
for counterfeiting gold and silver coins a fine not exceeding 
$5,000.00 and imprisonment not longer than ten years; for 
counterfeiting nickel and copper coins a fine not exceeding 
$1,000.00 and imprisonment not exceeding three years. 

160. The Postal Service of the United States is a mech- 
anism of great magnitude and nicety. There are over 63,000 
post-offices, and over 3,000,000,000 packages, including letters 
and postal cards, are received by the mails every year, nearly 
one-fourth the postal business of the world. The expenses 
of the post-office department is about $70,000,000 annually. 
The money received for the sale of stamps lacks only about 
$5,000,000 per year of paying all expenses. 

161. The exclusive rights of authors are secured by Copy- 
rights which are issued by the Librarian of Congress and are 
valid for twenty-eight years. Exclusive rights are secured to 
inventors by Patents issued by the Commissioner of Pat- 
ents* and are valid for seventeen % years. About fifteen hun- 
dred patents are issued annually. 

162. Congress has constituted nine circuit courts and di- 
vided the United States into seventy -two judicial districts. f 

♦Which department. fSee General Appendix. 



THE LEGISLATIVE DEPARTMENT. 135 

163. Piracy is robbery at sea. "High seas" is a general 
term meaning the ocean beyond low water mark. 

Each independent government is responsible to foreign 
nations for the conduct of its citizens at sea. The law of 
nations consists of a body of rules, founded on justice, and 
recognized as governing the conduct and mutual relations of 
countries with one another. 

164. Treason consists in levying war against the United 
States or adhering to the enemies of the country, giving them 
aid or comfort. No one except a citizen of the country can be 
guilty of treason. 

165. Letters of Marque and Reprisal are commissions 
granted to private persons to capture the property of citizens 
of another nation. The person so commissioned is a priva- 
teer and if in command of a vessel may commit acts that 
would be piracy if committed by persons not so commissioned. 
Letters of marque and reprisal are now granted only in times 
of war. 

166. Since appropriations for use of the army cannot be 
made for a longer time than two years there is no danger of a 
war lasting much longer than the people of the country desire 
it, as the representatives they elect every two years are able 
to control the army through the appropriations. 

167. Eecent appropriations have greatly increased the 
Navy and several new war-vessels of the most effective pattern 
are being built. However, compared with the navies of other 
countries, that of the United States is still small. The Span- 
ish war w-ill very likely have the effect of permanently increas- 
ing the size of our navy. 

168. The power to call forth the militia is delegated to the 
President in case of emergency during a recess of Congress. 
This provision makes a large standing army unnecessary. 

The militia has been called out but twice; the first time 
to suppress the whisky insurrection, the second to suppress 
the rebellion in 1861-4. During Dorr's Eebellion in 1842, 
President Tyler ordered the militia of Connecticut and Mass- 



136 OUR STATE AND NATION. 

achusetts to be held in readiness, but the Ehode Island militia 
proved sufficient for the emergency. 

169. Congress has power to make all needful rules respect- 
ing the territory or other property of the United States; to 
propose amendments to the Constitution;* to admit new States 
into the Union; to regulate the appellate jurisdiction of 
the Supreme Court and determine where trial for crimes shall 
be held, when not committed within any State; to revise and 
control any State laws respecting the laying of duties on 
imports and exports; to declare what officer shall act as 
President in case of death, removal, resignation or inability 
of both President and Vice-President; to vest the appoint- 
ment of such inferior officers as it may think proper in the 
President alone, or in courts of law, or in the heads of 
departments. The time for choosing electors for President 
and Vice-President and the day on which electors give their 
rotes is determined by Congress. 

170. The Constitution provides that full faith and credit 
shall be given in each State to the public acts, records and 
judicial proceedings of every other State and that Congress 
may make general laws prescribing the manner in which such 
acts, records and proceedings shall be proved and what shall 
be their effect. 

171. Limitations of the Power of Congress Provided 
by the Constitution. 

The privilege of the writ of habeas corpus shall not be 
suspended, unless when in case of rebellion or invasion the 
public safety may require it. No bill of attainder or ex-post 
facto law shall be passed. 

No capitation or other direct tax shall be laid, unless in 
proportion to the census of enumeration hereinbefore di- 
rected to be taken. 

No tax or duty shall be laid on articles exported from 
any State. No preference shall be given by any regulation 

*See General Appendix. 



THE LEGISLATIVE DEPARTMENT. 137 

of commerce or revenue to ports of one State over those of 
another, nor shall- vessels bound to or from one State be 
obliged to enter, clear or pay duties in another. 

No money shall be drawn from the treasury, but in con- 
sequence of appropriations made by law; and a regular slate- 
ment and account of receipts and expenditures of all public 
money shall be published from time to time. 

No title of nobility shall be granted by the United States; 
and no person holding any office of profit or trust under 
them shall, without consent of Congress, accept of any present, 
emolument, office or title, of any kind whatever, from any 
king, prince or foreign State. 

Congress can make no law abridging the freedom of speech 
or of the press; or of the people peaceably to assemble and 
to petition the government for a redress of grievances; nor 
can the right of the people to bear arms be infringed. 

Congress can make no law respecting the establishment or 
prohibition of the free exercise of religion. 

172. Any person who is imprisoned may demand that a 
hearing be given him in open court, where witnesses, relating 
to the cause of his imprisonment, may be examined. This 
is the privilege of Habeas Corpus, which is extended to 
protect everyone against imprisonment without just cause. 

173. In England prior to the time of the adoption of the 
Constitution of the United States, Bills of Attainder had 
been passed by Parliament. These bills inflicted the death 
penalty on the accused and made it unlawful for his children 
to inherit property. Sometimes such bills were passed when 
the accused was not guilty of crime that would have incurred 
severe punishment, but had no chance to be heard or bring 
witnesses in his favor. If Congress had power to pass such 
a bill, the right of trial by jury would be lost to the person 
against whom the bill is directed. 

174. An ex post facto law is one which makes an act a 
crime which was not so at the time the act was committed, 



138 OUR STATE AND NATION. 

or imposes a punishment greater than the law inflicted when 
the crime was committed. 

175. Direct* taxes are not imposed on the States by the 
Federal government in proportion to their wealth, but accord- 
ing to their population. 

176. Two years before the Declaration of Independence, 
Parliament passed the Boston Port Bill, which removed the 
custom house from Boston, making it unlawful for ships to 
unload merchandise there. This was a great hardship on the 
people of that city. Thus it would be possible by establish- 
ing custom houses only at certain seaports or by remitting 
duties in whole or in part at certain ports of entry to dis- 
criminate in favor of the country; hence this limitation. 

177. Ships before leaving a port obtain Clearance Papers 
from the proper authorities, viz., custom-house officer; and if 
it be a foreign vessel, from the consul of the nation to which 
it belongs. A clearance paper is a written permission to 
leave, certifying that the owners of the vessel in question have 
complied with all formalities of the law. 

178. The people of the thirteen colonies being oppressed 
by a king and living in a country where they had nothing 
to do with titled personages but to know them as oppressors, 
formed a dislike for a monarchy and its accompanying titles. 
Hence the law in the Constitution regarding titles of nobility. 

179. The right of petition was assailed in 1836, when reso- 
lutions were passed by the House of Representatives to the 
effect that petitions regarding slavery from those who wished 
slavery abolished would not be received by that body. 

180. In the Constitutional Convention,f the question of 
slavery imposed many obstacles. All the States except Massa- 
chusetts contained slaves,^ but the practice was fast dying out 
in the North. Finally compromises settled that representa- 
tion in Congress should be apportioned according to the popu- 

*See 155. 

tMeeting of delegates who made our Constitution in 1739. 



THE LEGISLATIVE DEPARTMENT. 139 

lation as follows: To the whole number of free persons, 
including those bound to service for a term of years and ex- 
cluding Indians not taxed, shall be added three-fifths of all 
other persons. "Other persons," meaning slaves. The North 
agreed that Congress should not interfere with the importa- 
tion of slaves for twenty years (till 1808), that runaway slaves 
should be returned and that a tax of not more than ten dol- 
lars could be imposed on the importation of each slave. The 
Southern States agreed to count the slaves in the same man- 
ner in apportionment of direct taxes. Thus was settled for 
the time the question that came so nearly preventing the 
formation of the Union, and afterwards almost overthrew the 
government. 

181. Each House is the judge of the elections, returns and 
qualifications of its own members. A majority of each con- 
stitute a quorum to do business; but a smaller number may 
adjourn from day to day and may be authorized to compel the 
attendance of absent members, in such manner and under such 
penalties as each House may provide. 

Each House may determine the rules for its proceedings, 
punish a member for disorderly conduct, and, with the con- 
currence of two-thirds, expel a member. 

Each House shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts as 
may, in their judgment, require secrecy; and the yeas and 
nays of the members of either House on any questions shall, 
at the desire of one-fifth of those present, be entered on the 
journal. 

Neither House, during the session of Congress, shall, with- 
out consent of the other, adjourn for more than three days, 
nor to any other place than that in which the two Houses 
shall be sitting. 

182. The House of Eepresentatives has sole power to origi- 
nate bills for levying taxes, imposing duties and appropriat- 
ing money. This provision was intended for keeping the 
national purse as nearly as possible in the hands of the people. 



140 OUR STATE AND NATION. 

The Senate has power to propose amendments on these as 
on other bills. 

183. The House also has the sole power of Impeachment 
and the Senate has sole power to try impeachments. The 
House acting in this capacity performs the work of a grand- 
jury, and the Senate, that of a court. 

When charges of treason, bribery or other high crimes or 
misdemeanors are brought against a civil officer of the United 
States a committee of the House is appointed to investigate 
them. If the committee reports in favor of his impeachment 
the charges are reduced to writing and submitted to the 
House, which discusses and votes upon each charge separately. 
If the House, by a majority vote, decide upon impeachment, 
the charges (articles of impeachment) are sent to the Senate 
and a committee is appointed to prosecute the impeachment 
before that body. 

When sitting for trial of impeachments the Senators are 
on oath or affirmation. If the President is tried, the Chief 
Justice of the Supreme Court presides at the trial. 

A two-thirds majority of all the members present is neces- 
sary for conviction. The convicted person is disqualified 
from holding any office of honor, profit or trust in the United 
States, and is further liable and subject to indictment, trial, 
judgment and punishment according to law. 

Impeachment has been resorted to seven times, viz., four 
Federal judges; one Secretary of War; one Senator and one 
President. Only two, Federal judges, were convicted: one for 
drunkenness, and the other for joining the Secessionists in 
1861. The Senator was acquitted on the ground that a Sen- 
atorship is not a "civil office" within the meaning of Article 
II., Par. 4, of the Constitution. 

184. The Senate, as is mentioned elsewhere, has the power 
of confirming appointments made by the President. 

185. Both the Senate and the House of Representatives 
have recognized Jefferson's "Manual of Parliamentary Prac- 
tice" as governing the House when none of its own rules, or 



THE LEGISLATIVE DEPARTMENT. 141 

joint rules of Congress, is applicable. This manual, based 
on English precedent, was prepared by President Jefferson. 



QUESTIONS. 



1. How many members in the House? A State with a 
population of 340,000 would be entitled to how many Eepre- 
sentatives? To how many Senators? 

2. Describe Eepresentative Hall. The Senate chambers. 

3. When are Eepresentatives elected? The length of term? 
The length of Senatorial term? Number of Senators? 

4. Why are Senators so chosen? 

5. What are the qualifications of members of Congress? 
How old must they be? 

6. Give some reason why Congress should have power to 
levy taxes. How often have direct taxes been levied? What 
are indirect taxes? Why are discriminations sometimes made 
against the imports of certain countries? 

7. What must a foreigner do to* become naturalized? 

8. How may a State law be unconstitutional? 

9. What is a bankrupt law? Do you think bankrupt laws 
should exist? 

10. Name the metals used for coining money. 

11. What is the severest penalty for counterfeiting? What 
is the lightest penalty for counterfeiting? 

12. The interesting facts about the postal system? Has a 
State legislature any right to establish post-roads, etc.? 

13. What is a copyright? By whom granted? What is a 
patent? By whom granted? How many are issued annually? 

14. How many and what kind of inferior courts has Con- 
gress established? 

15. What is piracy? Law of Nations? 

16. What is treason? 

17. What are letters of marque and reprisal? When 
granted? Can a State grant them? 



142 OUR STATE AND NATION. 

18. Why does Congress not have power to appropriate 
money for the army for a longer time than two years? 

19. What can you say of our navy? Do we need a larger 
one? 

20. What is the advantage of the President having the 
power of calling out the militia? 

21. How often has the militia been called out? 

22. What power controls the Territories? 

23. Are public acts and records of one State accepted as 
trustworthy by other States? What power provides this? 

24. Why has Congress power to pass one law to help en- 
force another one? 

25. What is the writ of habeas corpus? An ex-post facto 
law? Bill of attainder? 

26. How are direct taxes apportioned? 

27. Explain why no preference should be given any port 
of entry. 

28. What are clearance papers? Why are such regula- 
tions necessary? 

29. Why are no titles of nobility granted by the United 
States? 

30. What is the right of petition? Did Congress ever dis- 
obey this regulation? 

31. What difficulty did slavery offer to the formation of 
the Union? 

32. In the powers of each house, separately select those 
that differ from the same in our State government. 

33. What precaution is there concerning raising of money, 
etc.? 

34. Tell all about how impeachments are conducted. Who 
presides when the President is tried? Why does not the Vice- 
President preside? 

35. How many times has impeachment been resorted to? 
How many were convicted? Why was not the Senator con- 
victed? 



THE LEGISLATIVE DEPARTMENT. 143 




an 



1 




CONGRESSIONAL DISTRICTS OF IOWA. 



CHAPTER XVII. 
JUDICIAL DEPARTMENT. 

186. The Attorney General is the head of the Judicial 
Department. 

The highest tribunal of our nation is the Supreme Court, 
which consists of the Chief Justice and eight associate judges. 
They are appointed for life or during good behavior, and can 
be removed only by impeachment. Congress may at any time 
increase the number of judges, or when vacancies occur it 
may lessen the number by passing a law declaring that no 
vacancies exist. This was done during the presidency of 
Andrew Johnson, in order to prevent him -from appointing 
judges. At that time there were ten, and the law passed pro- 
vided that no vacancies should be filled until the number was 
reduced to seven. 

During the next administration the number was increased 
to nine, the present number. At first there were but six. 
This court has original jurisdiction in all oases affecting 
ambassadors, other public ministers, and consuls; in all 
cases of admiralty and maritime jurisdiction; in controversies 
in which the United States shall be a party; in controversies 
between two or more States; between the citizens of dif- 
ferent States, or citizens of the same State claiming lands 
under grants of different States, and appellate jurisdiction 
in cases from inferior courts involving over two thousand 
dollars. 

The Constitution, at first, granted this court jurisdiction 
in suits between a State and citizens of another State, or a 
foreign state. 

In 1793, a Mr. Chisholm sued the State of Georgia, taking 
the case before the United States Supreme Court. The State 

144 



JUDICIAL DEPARTMENT. 145 

of Georgia felt very indignant and called to the rest of the 
Union for aid. Most of the people thought that a State should 
not be subjected to such indignity, therefore the Eleventh 
amendment to the Constitution was passed in 1794. Under 
the protection of this amendment several States have re- 
pudiated their debts. 

ILLUSTRATION. 

187. In 1894, Congress passed an income tax law, which 
provided that all persons having an income of more than four 
thousand dollars should be subject to a tax of two per cent. 
on their income. Some believed that the law was not con- 
stitutional* and refused to pay it. After a hearing in one of 
the inferior courts the case was appealed to the Supreme 
Court, which decided that the law was unconstitutional. A 
law may be just, and still be unconstitutional, because it con- 
flicts with the Constitution. When a just law, which the 
people desire, is declared unconstitutional, the Constitution 
may be amended so that it will not conflict with the law. 

The sittings of the Supreme Court are held in the Capitol 
in the chamber formerly occupied by the Senate. The jus- 
tices wear black gowns. They are the only officers within the 
United States, except the judges of the New York Court of 
Appeals, who wear any official dress. 

CIRCUIT COURTS. 

188. The United States are divided into nine circuits. A 
circuit judge is appointed in each, and to each is allotted 
one of the justices of the Supreme Court. The circuit court 
may be held by the circuit judge alone, by the Supreme Court 
justice alone, by both together or by either sitting along 
with the district judge of the district in which the court 
is held. Cases may be appealed from these courts to the 

*See Article 7, Section 9, paragraph 4, of Constitution of United 
States, General Appendix. 



146 OUR STATE AND NATION. 

Supreme Court except in cases involving less than two thou- 
sand dollars. They have original jurisdiction in civil suits 
arising under patent and copyright laws, and in cases in- 
volving over five hundred dollars; also in criminal cases, 
for trial of persons accused of offenses against the United 
States. They have appellate jurisdiction in cases tried before 
the United States district courts. 

All Federal judges are appointed for life. As the Con- 
stitution gives Congress the power to establish such inferior 
courts as it deems proper, it has been maintained by Congress 
that it also has the power to abolish them. In 1800, sixteen 
circuits were established and President Adams filled them 
with judges who were of his political party. When Jefferson 
came into office he did not hold these political appointments 
to be valid, and Congress being of the same opinion, abolished 
the circuits. 

DISTRICT COURTS. 

189. There are seventy-two district courts in the United 
States. The number of judges does not correspond to the 
number of districts, but there is at least one judge in each 
State. 

The district courts have jurisdiction in trial of all crimes 
committed within the district against the United States, ex- 
cept those punishable with death. In civil cases it has about 
the same original jurisdiction as the circuit court. 

In each district there is an officer called the United States 
Attorney, who institutes proceedings against persons violat- 
ing Federal laws or evading discharge of obligations to the 
Federal Treasury. 

190. Every Federal court has attached to it, for the execu- 
tion of its powers, a United States marshal, whose duties and 
powers correspond to those of the sheriff in our State. 

191. There is at Washington, D. C, a Court of Claims, 
established in 1855, where all cases are heard relative to claims 
against the United States. It consists of a chief justice and 

10 



JUDICIAL DEPARTMENT. 147 

four associate judges. Either house of Congress may refer 
claims to this court. 

192. In March, 1891, Congress created in each circuit a 
circuit court of appeals, consisting of three judges drawn 
from the judges of the Supreme Court, the circuit judges, or, 
if necessary, from the district judges, and nine additional 
judges appointed by the President. These courts have ap- 
pellate jurisdiction and are courts of record. 

193. In each Territory is a Territorial court, consisting of 
s chief justice and two associate justices, holding office for 
four years. 



QUESTIONS. 

1. Who is the head of the judicial department? Of what 
does the highest tribunal consist? What is the power of Con- 
gress in reference to number of judges ? 

2. Give the incident relating to President Johnson. How 
many judges were there at first? How many now? 

3. What is the jurisdiction of this court? What does 
admiralty and maritime jurisdiction mean ? 

4. State the incident and result of the suit between Chis- 
holm and Georgia. 

5. Describe the incident of the income tax law. With 
what clause of Article L, Sec. 9, of the Constitution do you 
think it conflicts? Eecite the clause. 

6. Write an amendment which would make the law consti- 
tutional were it adopted. 

7. Where does this court meet? 

8. How many circuit courts? By whom may it be held? 
Its jurisdiction? 

9. Relate the incident of 1800, in relation to circuits. 

10. How many district courts? How many judges? What 
is the jurisdiction of this court? What is the duty of the 
United States Attorney? 



148 OUR STATE AND NATION. 

11. Tell something of the United States Marshal. 

12. Where and for what purpose is the Court of Claims? 

13. What courts were established in 1891? 

14. What jurisdiction have they? 

15. These courts lessen the duties of what court? 

16. What can you say of Territorial courts? 



JUDICIAL DEPARTMENT. 
APPENDIX TO CHAPTER XVII. 



149 



UNITED STATES CIRCUIT COURTS OF APPEAL. 

Districts comprised in each Judicial Circuit, the Names of 

the District and Circuit Judges therein, and the Names 

of the Justices of the Supreme Court assigned thereto. 



District Judges. 



Circuit Judges. 



Justices Assigned. 



Maine 

New Hampshire. 
Massachusetts.. 
Rhode Island.... 



Vermont 

Connecticut 

New York, North 
New York, East.. 
New York, South 



Nathan Webb 

Edgar Aldrich 

Thomas L Nelson. 
Arthur L. Brown... 



HoytH. Wheeler 

Wm. K. Townsend... 

A. C. Coxe 

Charles L. Benedict 
Addison Brown 



New Jersey 

Pennsylvania, East 
Pennsylvania, West. 
Delaware 



Andrew Kirkpatrick. 

Wm! Butler 

Joseph Buffington 



North Carolina, East., 
North Carolina, West. 

South Carolina 

Maryland 

Virginia, East 

Virginia, West 

West Virginia 



Robt. P.Dick 

Wm. H. Brawley.. 
Thomas J. Morris. 
Robt. W. Hughes . 

John Paul 

John J. Jackson... 



Georgia, North 

Georgia, South 

Florida, North 

Florida, South 

Alabama, North and Middle 

Alabama, South 

Mississippi, North, South . 

Louisiana, East 

Louisiana, West 

Texas, North 

Texas, East 

Texas, West 



J 



Ohio, North 

Ohio, South 

Michigan, East 

Michigan, West 

Kentucky 

Tennessee, East, Middle. 
Tennessee West 



Indiana 

Illinois, North.... 
Illinois, South ... 
Wisconsin, East.. 
Wiiconsin, West . 



Wm. T. Newman.... 
James Emory Speei 

Charles Swayne 

James W. Locke — 

John Bruce 

Harry T. Toulmin . . . 

Henry C. Niles 

Charles Parlange... 

Aleck Boarman 

John B. Rector 

David E. Bryant... 
Thomas S. Maxey... 

Augustus J. Ricks.. 

G. R. Sage 

Henry H. Swan 

Henry F. Severens.. 

JohnW. Barr 

Charles D. Clark... 
EliS. Hammond.... 



JohnH. Baker 

Peter G. Grosscup. 

Wm. J. Allen 

Wm.H. Seaman ... 
Romanzo Bunn 



Minnesota 

Iowa, North 

Iowa, South 

Missouri, East 

Missouri, West 

Arkansas, East 

Arkansas, West 

Nebraska 

Colorado 

Kansas 

Wyoming 

North Dakota 

South Dakota 

Utah 

New Mexico 

Oklahoma -. 

Indian Territory, North... 
Indian Territory, Central. 
Indian Territory, South... 



California, North. 
California, South. 

Oregon 

Nevada 

Washington 

Idaho 

Montana 

Alaska 

Arizona 



Wm. Lochren 

Oliver P. Shiras.... 
John S. Woolson... 
Elmer B. Adams... 
John F.Phillips.... 
John A. Williams .., 

John H. Rogers 

(Vacant) , 

Moses Hallett 

Cassius G. Foster.. 

John A. Riner 

Charles F. Amiden 
JohnE. Carland ... 
John A. Marshall... 



Wm. M. Springer 

Yancy Lewis 

Hosea Townsend . 



Wm. W. Morrow 

Olin Wellborn 

Charles B.Bellinger 
Thomas P. Hawley . . 
Cornelius H. Hanford 

James H. Beatty 

Hiram Knowles 

Arthur K. Delaney . . 



Wm. J. Wallace..... 
^E. Henry Lacombe.. 
Nathaniel Shipman. 



^Marcus W. Acheson 
George M. Dallas ... 



.Nathan Goff 

Chas. H. Simonton 



.Wm. H. Taft 

Horace H. Lurton. 



Wm. A. Wood 

f James G. Jenkins... 
JohnW. Showalter 



J Horace Gray. 
>Rnfus W. Peckham 
JQeo. Shiras, Jr. 

} Melville W. Fuller. 

JEdward D.White. 

J-Jno. M. Harlan. 
Henry B. Brown 



Henry C. Caldwell.. 
> Walter H. Sanborn 
Amos M. Thayer... 



David J. Brewer. 



Stephen J. Field. 



CHAPTER XVIII. 

MISCELLANEOUS. 



INDICTMENT. 

194. Before a person can be brought to trial for offenses 
against the United States he must be indicted by a grand 
jury, except in cases which arise in the army or navy, or 
militia when in actual service in time of war or public danger. 
An indictment is a formal article drawn up by the prosecut- 
ing attorney. A charge made by the jury without this formal 
article is called a Presentment, and may take the place of an 
indictment. 

TRIAL BY JURY. 

195. The trial of all crimes, except in case of impeachment, 
must be by jury; 'the trial must be held in the State where 
the crime was committed; when not committed within any 
State, the trial must be at such place as Congress may have 
by law directed. (The above is practically the reading of the 
clause in the Constitution. A strip of land, the northwest 
part of Oklahoma, between Texas and Kansas, was, at one 
time, not assigned to any judicial district of the United States. 
The perpetrators of a crime there were brought to trial and 
escaped punishment on the grounds that no court had juris- 
diction over the territory where the offense was committed.) 
In suits at common law, in cases where the amount in dispute 
is more than twenty dollars, the right of trial by jury must 

be preserved. 

PERSONAL RIGHTS. 

196. No person can be twice put in jeopardy of life or limb 
be compelled to be a witness against himself, or be de- 
prived of life, liberty or property, without due process of law. 

150 



or 



MISCELLANEOUS. 151 

Private property cannot be taken for public use without just 
compensation, and all unreasonable searches and seizures are 
prohibited. 

In all criminal trials, the person accused has the right to 
a speedy and public trial by an impartial jury of the State 
and district in which the crime has been committed. He 
must be informed of the nature and cause of the charge 
against him, and be allowed to meet the witnesses against 
him face to face; he must also have process to compel wit- 
nesses to appear in his favor, and the assistance of counsel 
for his defense. Excessive bail shall not be required, ex- 
cessive fines imposed, nor cruel and unusual modes of punish- 
ment inflicted. 

No soldier can, in times of peace, be quartered in any 
house without consent of its owner, or in time of war, except 
in the manner provided by law. 

Neither slavery nor involuntary servitude, except as a pun- 
ishment for crime of which the person is duly convicted, can 
exist within the limits of the United States, or in any place 
subject to their jurisdiction. 

ADMISSION OP STATES. 

197. The general method of procedure is as follows: The 
Territory wishing to become a State adopts a constitution and 
makes a formal application for admission. After Congress 
passes a law relating to the admission the President issues 
a proclamation certifying that the State is in enjoyment of 
all State privileges. On the fourth of July next a new star 
is added to the flag. 

ARTICLE V OP CONSTITUTION. 

198. Whenever two-thirds of both houses shall deem it 
necessary. Congress shall propose Amendments to the Con- 
stitution; or, on the application of the Legislature of two- 
thirds of the several States, shall call a convention for pro- 



152 



OUR STATE AND NATION. 



posing amendments, which in either case shall be valid to all 
intents and purposes, as part of this Constitution, when rati- 
fied by the Legislatures of three-fourths of the several States, 
or by conventions in three-fourths thereof, as one or the 
other mode of ratification may be proposed by Congress; pro- 
vided that no amendment which may be made prior to the 
year one thousand eight hundred and eight shall in any 
manner affect the first and fourth clauses in the ninth sec- 
tion of the first article, and that no State, without its consent, 
shall be deprived of its equal suffrage in the Senate. 

SUCCESSION TO THE PRESIDENCY. 



199. If the President should die, or be removed from 
office, resign, or in any way become unable to act as Presi- 
dent, the Vice-President would then assume the duties of 
President. If there should be no Vice-President then the 
duties of President would devolve on the Secretary of State, 
and in case of his death, resignation or removal from office, 
upon the Secretary of the Treasury, and so on down through 
to the Cabinet officers in the order in which the officers were 
established by Congress, viz., Secretary of State, Secretary of 
Treasury, Secretary of War, Attorney General, Postmaster 
General, Secretary of Navy, Secretary of Interior, and Secre- 
tary of Agriculture. This law applies only to such of these 
officers as would be eligible to the Presidency, and have been 
appointed with consent of the Senate. 

Before 1886, the order of succession after the Vice-Presi- 
dent, was President pro tempore of the Senate, and Speaker 
of the House of Representatives. When a person becomes 
President without being elected directly to that office, he 
is said to be an "accidental" President. 

When the office of Vice-President becomes vacant it re- 
mains so until the next presidential election. The President 
pro tempore of the Senate is a member of that body and does 
not hold the office of Vice-President. 



MISCELLANEOUS. 153 

200. The salaries of United States officers are as follows: 
The President receives $50,000 per year; his house, the white 
house, is also furnished and household expenses paid; the 
Vice-President receives $8,000 per year; the Chief Justice 
$10,500 per year: Associate Justices $10,000; Circuit Judges 
$6,000; District Judges $3,500 to $5,000; Senators and Eep- 
resentatives, each $5,000 per year; and Cabinet officers 
$8,000. 



QUESTIONS. 

1. What is necessary to bring a person before a United 
States Court for trial? What is a presentment? Compare 
with proceedings in our State. 

2. Can a person be tried in this country for any crime 
without a jury? 

3. Give the incident related of some criminals escaping 
justice. Write the last clause of the law relating to this, so 
that such an emergency might be properly met. Article III., 
Sec. 2, paragraph 3. 

4. The paragraph on personal rights should be memor- 
ized carefully. 

5. How are States admitted? 

6. How are amendments to our Constitution made? 

7. Give the law for the succession to the Presidency of the 
United States. 

8. What are the salaries of Eepresentatives? Senators? 
District Judges? Circuit Judges? Chief Justice? Associate 
Justice? President? Vice President? Cabinet? 



CONSTITUTION OF THE STATE OF IOWA. 



PREAMBLE. 

We, the people of the State of Iowa, grateful to the Supreme 
Being for the blessings hitherto enjoyed, and feeling our depend- 
ence on Him for a continuation of those blessings, do ordain and 
establish a free and independent government, by the name of the 
State of Iowa, the boundaries whereof shall be as follows: 

BOUNDARY. 

Beginning in the middle of the main channel of the Mississippi 
river, at a point due east of the middle of the mouth of the main 
channel of the Des Moines river, thence up the middle of the 
main channel of the said Des Moines river, to a point on said river 
where the northern boundary line of the State of Missouri — as 
established by the Constitution of that State, adopted June 12, 
1820 — crosses the said middle of the main channel of the said Des 
Moines river; thence westwardly along the said northern bound- 
ary line of the State of Missouri, as established at the time afore- 
said, until an extension of said line intersects the middle of the 
main channel of the Missouri river; thence up the middle of the 
main channel of the said Missouri river to a point opposite to the 
middle of the main channel of the Big Sioux river, according to 
Nicollet's map; thence up the main channel of the said Big Sioux 
river, according to the said map, until it is intersected by the par- 
allel of forty-three degrees and thirty minutes north latitude; 
thence east along said parallel of forty-three degrees and thirty 
minutes, until said parallel intersects the middle of the main 
channel of the Mississippi river; thence down the middle of the 
main channel of the said Mississippi river to the place of begin- 
ning. 

ARTICLE L— BILL OF RIGHTS. 

Section 1. All men are, by nature, free and equal, and have 
certain inalienable rights, among which are those of enjoying and 
defending life and liberty, acquiring, possessing, and protecting 
property, and pursuing and obtaining safety and happiness. 

155 



156 OUR STATE AND NATION. 

Sec. 2. All political power is inherent in the people. Govern- 
ment is instituted for the protection, security, and benefit of the 
people, and they have the right, at all times, to alter or reform 
the same, whenever the public good may require it. 

Sec. 3. The General Assembly shall make no law respecting an 
establishment of religion, or prohibiting the free exercise thereof; 
nor shall any person be compelled to attend any place of worship, 
pay tithes, taxes, or other rates, for building or repairing places 
of worship, or the maintenance of any minister or ministry. 

Sec. 4. No religious test shall be required as a qualification for 
any office of public trust, and no person shall be deprived of any 
of his rights, privileges or capacities, or disqualified from the 
performance of any of his public or private duties, or rendered 
incompetent to give evidence in any court of law or equity, in 
consequence of his opinions on the subject of religion; and any 
party to any judicial proceeding shall have the right to use as a 
witness, or take the testimony of, any other person, not disquali- 
fied on account of interest, who may be cognizant of any fact 
material to the case; and parties to suits may be witnesses, as 
provided by law. 

Sec. 5. Any citizen of this State who may hereafter be en- 
gaged, either directly or indirectly, in a duel, either as principal 
or accessory before the fact, shall forever be disqualified from 
holding any office under the constitution and laws of this State. 

Sec. 6. All laws of a general nature shall have a uniform opera- 
tion; the General Assembly shall not grant to any citizen or class 
of citizens, privileges or immunities, which upon the same terms 
shall not equally belong to all citizens. 

Sec. 7. Every person may speak, write and publish his senti- 
ments on all subjects, being responsible for the abuse of that 
right. No law shall be passed to restrain or abridge the liberty of 
speech or of the press. In all prosecutions or indictments for 
libel, the truth may be given in evidence to the jury, and if it 
appear to the jury that the matter charged as libelous was true, 
and was published with good motives and for justifiable ends, 
the party shall be acquitted. 

Sec. 8. The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable seizures and 
searches shall not be violated; and no warrant shall issue but 
on probable cause, supported by oath or affirmation, particularly 
describing the place to be searched, and the persons and things 
to be seized. 

Sec. 9. The right of trial by jury shall remain inviolate; but 



CONSTITUTION OF THE STATE OF IOWA. 157 

the General Assembly may authorize trial by a jury of a less 
number than twelve men in inferior courts; but no person shall 
be deprived of life, liberty, or property, without due process of law. 
Sec. 10. In all criminal prosecutions, and in oases involving 
the life or liberty of an individual, the accused shall have a rigkt 
to a speedy and public trial by an impartial jury; to be informed 
of the accusation against him; to have a copy of the same when 
demanded; to be confronted with the witnesses against him; to 
have compulsory process for his witnesses; and to have the as- 
sistance of counsel. 

Sec. 11. All offenses less than felony, and in which the punish- 
ment does not exceed a fine of one hundred dollars, or imprison- 
ment for thirty days, shall be tried summarily before a Justice of 
the Peace, or other officer authorized by law, on information under 
oath, without indictment, or the intervention of a grand jury, 
saving to the defendant the right of appeal; and no person shall 
be held to answer for any higher criminal offense, unless on pre- 
sentment or indictment by a grand jury, except in cases arising 
in the army or navy, or in the militia, when in actual service, in 
time of war or public danger. 

Sec. 12. No person shall, after acquittal, be tried for the same 
offense. All persons shall, before conviction, be bailable by suffi- 
cient sureties, except for capital offenses, where the proof is evi- 
dent, or the presumption great. 

Sec. 13. The writ of habeas corpus shall not be suspended, or 
refused when application is made as required by law, unless in 
case of rebellion or invasion, the public safety may require it. 

Sec. 14. The military shall be subordinate to the civil power. 
No standing army shall be kept up by the State in time of peace; 
and in time of war, no appropriation for a standing army shall 
be for a longer time than two years. 

Sec. 15. No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner, nor in time of war except 
in the manner prescribed by law. 

Sec. 16. Treason against the State shall consist only in levying 
war against it, adhering to its enemies, or giving them aid and 
comfort. No person shall be be convicted of treason, unless on 
the evidence of two witnesses to the same overt act, or confession 
in open court. 

Sec. 17. Excessive bail shall not be required; excessive fines 
shall not be imposed, and cruel and unusual punishment shall not 
be inflicted. 

Sec. 18. Private property shall not.be taken for public use with- 



158 OUR STATE AND NATION. 

out just compensation first being made, or secured to be made, to 
the owner thereof, as soon as the damages shall be assessed by a 
jury, who shall not take into consideration any advantages that 
may result to said owner on account of the improvement for 
which it is taken. 

Sec. 19. No person shall be imprisoned for debt in any civil 
action, on mesne or final process, unless in case of fraud; and 
no person shall be imprisoned for a military fine in time of peace. 

Sec. 20. The people have the right freely to assemble together 
to counsel for the common good; to make known their opinions 
to their representatives, and to petition for a redress of grievances. 

Sec. 21. No bill of attainder, ex post facto law, or law impairing 
the obligation of contracts, shall ever be passed. 

Sec. 22. Foreigners who are, or may hereafter become residents 
of this State, shall enjoy the same rights in respect to the posses- 
sion, enjoyment, and descent of property, as native-born citizens. 

Sec. 23. There shall be no slavery in this State; nor shall there 
be involuntary servitude, unless for the punishment of crime. 

Sec. 24. No lease or grant of agricultural lands, reserving any 
rent or service of any kind, shall be valid for a longer period than 
twenty years. 

Sec. 25. The enumeration of rights shall not be construed to 
impair or deny others, retained by the people. 

ARTICLE II.— RIGHT OF SUFFRAGE. 

Section 1. Every male citizen of the United States, of the age 
of twenty-one years, who shall have been a resident of this State 
six months next preceding the election, and of the county in which 
he claims his vote, sixty days, shall be entitled to vote at all elec- 
tions which are now or hereafter may be authorized by law. 

Sec. 2. Electors shall, in all oases except treason, felony, or 
breach of the peace, be privileged from arrest on the days of elec- 
tion, during their attendance at such elections, going to and re- 
turning therefrom. 

Sec. 3. No elector shall be obliged to perform military duty on 
the day of election, except in time of war or public danger. 

Sec. 4. No person in the military, naval, or marine service of 
the United States shall be considered a resident of this State by 
being stationed in any garrison, barrack, or military or naval 
place or station within this State. 

Sec. 5. No idiot or insane person, or person convicted of any 
infamous crime, shall be entitled to the privilege of an elector. 



CONSTITUTION OF THE STATE OF IOWA. 159 

Sec. 6. All elections by the people shall be by ballot. 

ARTICLE III— OF THE DISTRIBUTION OF POWERS. 

Section 1. The powers of the government of Iowa shall be di- 
vided into three separate departments: The Legislative, the Exec- 
utive and the Judicial; and no person charged with the exercise 
of powers properly belonging to one of these departments shall 
exercise any function appertaining to either of the others, except 
in cases hereinafter expressly directed or permitted. 

LEGISLATIVE DEPARTMENT. 

Section 1. The Legislative authority of this State shall be 
vested in a General Assembly, which shall consist of a Senate and 
House of Representatives; and the style of every law shall be: 
"Be it enacted by the General Assembly of the State of Iowa." 

Sec. 2. The sessions of the General Assembly shall be biennial, 
and shall commence on the second Monday in January next ensu- 
ing the election of its members; unless the Governor of the State 
shall, in the meantime, convene the General Assembly by procla- 
mation. 

Sec. 3. The members of the House of Representatives shall be 
chosen every second year, by the qualified electors of their re- 
spective districts, on the second Tuesday in October, except the 
years of the Presidential election, when the election shall be on 
the Tuesday next after the first Monday in November; and their 
term of office shall commence on the first day of January next 
after their election, and continue two years, and until their suc- 
cessors are elected and qualified. 

Sec. 4. No person shall be a member of the House of Repre- 
sentatives who shall not have attained the age of twenty-one 
years, be a male citizen of the United States, and shall have been 
an inhabitant of this State one year next preceding his election, 
and at the time of his election shall have had an actual residence 
of sixty days in the county or district he may have been chosen 
to represent. 

Sec. 5. Senators shall be chosen for the term of four years, at 
the same time and place as Representatives; they shall be twenty- 
five years of age, and possess the qualifications of Representatives 
as to residence and citizenship. 

Sec. 6. The number of Senators shall not be less than one- 
third nor more than one-half the Representative body; and shall 



160 OUR STATE AND NATION. 

be so classified by lot, that one class being as nearly one-half as 
possible, shall be elected every two years. When the number of 
Senators is increased, they shall be annexed by lot to one or the 
other of the two classes, so as to keep them as nearly equal in 
numbers as practicable. 

Sec. 7. Each House shall choose its own officers, and judge of 
the qualification, election and return of its own members. A con- 
tested election shall be determined in such manner as shall be 
directed by law. 

. Sec. S. A majority of each House shall constitute a quorum to 
transact business; but a smaller number may adjourn from day 
to day, and may compel the attendance of absent members in such 
manner and under such penalties as each House may provide. 

Sec. 9. Each House shall sit upon its own adjournments, keep 
a journal of its proceedings, and publish the same; determine its 
rules of proceedings, punish members for disorderly behavior, 
and, with the consent of two-thirds, expel a member, but not a 
second time for the same offense; and shall have all other power 
necessary for a branch of the General Assembly of a free and in- 
dependent State. 

Sec. 10. Every member of the General Assembly shall have the 
liberty of dissent from or protest against any act or resolution 
which he may think injurious to the public or an individual, and 
have the reasons for his dissent entered on the journals; and the 
yeas and nays of the members of either House, on any question, 
shall, at the desire of any two members present, be entered on the 
journals. 

Sec. 11. Senators and Representatives, in all cases, except trea- 
son, felony, or breach of the peace, shall be privileged from arrest 
during the session of the General Assembly, and in going to and 
returning from the same. 

Sec. 12. When vacancies occur in either House, the Governor, 
or the person exercising the functions of Governor, shall issue 
writs of election to fill such vacancies. 

Sec. 13. The doors of each House shall be open, except on such 
occasions as, in the opinion of the House, may require secrecy. 

Sec. 14. Neither House shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than that 
in which they may be sitting. 

Sec. 15. Bills may originate in either House, and may be 
amended, altered or rejected by the other; and every bill having 
passed both Houses, shall be signed by the Speaker and Presi- 
dent of their respective Houses. 



CONSTITUTION OF THE STATE OP IOWA. 161 

Sec. 16. Every bill which shall have passed the General Assem- 
bly shall, before it becomes a law, be presented to the Governor. 
If he approve, he shall sign it; but if not, he shall return it, with 
his objections, to the House in which it originated, which shall 
enter the same upon their journal, and proceed to reconsider it; 
if, after such reconsideration, it again pass both Houses, by yeas 
and nays, by a majority of two-thirds of the members of each 
House, it shall become a law, notwithstanding the Governor's ob- 
jections. If any bill shall not be returned within three days after 
it shall have been presented to him (Sunday excepted), the same 
shall be a law in -a like manner as if he had signed it, unless the 
General Assembly, by adjournment, prevent such return. Any bill 
submitted to the Governor for his approval during the last three 
days of a session of the General Assembly, shall be deposited 
by him in the office of the Secretary of State within thirty days 
after the adjournment, with his approval, if approved by him, 
and with his objections if he disapproves thereof. 

8ec. 17. No bill shall be passed unless by the assent of a ma- 
jority of all the members elected to each branch of the General 
Assembly, and the question upon the final passage shall be taken 
immediately upon its last reading, and the yeas and nays entered 
upon the journal. 

Sec. 18. An accurate statement of the receipts and expenditures 
of the public money shall be attached to and published with the 
laws at every regular session of the General Assembly. 

Sec. 19. The House of Representatives shall have the sole 
power of impeachment and all impeachments shall be tried by 
the Senate. When sitting for that purpose, the Senators shall be 
upon oath or affirmation; and no person shall be convicted with- 
out the concurrence of two-thirds of the members present. 

Sec. 20. The Governor, Judges of the Supreme and District 
Courts, and other State officers, shall be liable to impeachment 
for any misdemeanor or malfeasance in office; but judgment in 
such cases shall extend only to removal from office and disqualifi- 
cation to hold any office of honor, trust, or profit under this State; 
but the party convicted or acquitted shall nevertheless be liable 
to indictment, trial, and punishment according to law. All other 
civil officers shall be tried for misdemeanors and malfeasance in 
office, in such manner as the General Assembly may provide. 

Sec. 21. No Senator or Representative shall, during the time 

for which he shall have been elected, be appointed to any civii 

office of profit under this State, which shall have been created or 

the emoluments of which shall have been increased during such 

11 



1G2 



OUR STATE AND NATION. 



term, except such offices as may be filled by elections by the 
people. 

Sec. 22. No person holding any lucrative office under the United 
States, or this State, or any other power, shall be eligible to hold 
a seat in the General Assembly; but offices in the militia, to 
which there is attached no annual salary, or the office of justice 
of the peace, or postmaster, whose compensation does not exceed 
one hundred dollars per annum, or notary public, shall not be 
deemed lucrative. 

Sec. 23. No person who may hereafter be a collector or holder 
of public moneys, shall have a seat in either House of the General 
Assembly, or be eligible to hold any office of trust or profit in this 
State, until he shall have accounted for and paid into the treasury 
all sums for which he may be liable. 

Sec. 24. No money shall be drawn from the treasury but in 
consequence of appropriations made by law. 

Sec. 25. Each member of the first General Assembly under 
this Constitution shall receive three dollars per diem while in 
session; and the further sum of three dollars for every twenty 
miles traveled in going to and returning from the place where 
such session is held, by the nearest traveled route; after which 
they shall receive such compensation as shall be fixed by law; 
but no General Assembly shall have the power to increase the 
compensation of its members. And when convened in extra ses- 
sion they shall receive the same mileage and per diem compensa- 
tion as fixed by law for the regular session, and none other. 

Sec. 26. No law of the General Assembly, passed at a regular 
session, of a public nature, shall take effect until the fourth day 
of July next after the passage thereof. Laws passed at a special 
session shall take effect ninety days after the adjournment of the 
General Assembly by which they were passed. If the General 
Assembly shall deem any law of immediate importance, they may 
provide that the same shall take effect by publication in the news- 
papers in the State. 

Sec. 27. No divorce shall be granted by the General Assembly. 

Sec. 28. No lottery shall be authorized by this State; nor shall 
the sale of lottery tickets be allowed. 

Sec. 29. Every act shall embrace but one subject, and matters 
properly connected therewith, which subject shall be expressed in 
the title; but if any subject shall be embraced in an act which 
shall not be expressed in the title, such act shall be void only as 
to so much thereof as shall not be expressed in the title. 



CONSTITUTION OF THE STATE OF IOWA. 163 

Sec. 30. The General Assembly shall not pass local or special 
laws in the following cases: 

For the assessment and collection of taxes for State, county, or 
road purposes; 

For laying out, opening, and working roads or highways; 

For changing the names of persons; 

For the incorporation of cities and towns; 

For vacating roads, town plats, streets, alleys, or public 
squares; 

For locating or changing county seats. 

In all the cases above enumerated, and in all other cases where 
a general law can be made applicable, all laws shall be general, 
and of uniform operation throughout the State; and no law chang- 
ing the boundary lines of any county shall have effect until, upon 
being submitted to the people of the counties affected by the 
change, at a general election, it shall be approved by a majority 
of the votes in each county, cast for and against it. 

Sec. 31. No extra compensation shall be made to any officer, 
public agent, or contractor, after the service shall have been ren- 
dered, or the contract entered into; nor shall any money be paid 
on any claim, the subject matter of which shall not have been 
provided for by pre-existing laws, and no public money or prop- 
erty shall be appropriated for local or private purposes, unless 
such appropriation, compensation or claim be allowed by two- 
thirds of the members elected to each branch of the General As- 
sembly. 

Sec. 32. Members of the General Assembly shall, before they 
enter upon the duties of their respective offices, take and sub- 
scribe the following oath or affirmation: "I do solemnly swear 
(or affirm, as the case may be) that I will support the Constitu- 
tion of the United States, and the constitution of the State of Iowa, 
and that I will faithfully discharge the duties of Senator (or 
Representative, as the case may be), according to the best of my 
ability;" and members of the General Assembly are hereby em- 
powered to administer to each other the said oath or affirmation. 

Sec. 33. The General Assembly shall, in the 3 T ears one thou- 
sand eight hundred and fifty-nine, one thousand eight hundred 
and sixty-three, one thousand eight hundred and sixty-five, one 
thousand eight hundred and sixty-seven, one thousand eight hun- 
dred and sixty-nine, one thousand eight hundred and seventy-five, 
and every ten years thereafter, cause an enumeration to be made 
of all the inhabitants of the State. 

Sec, 34, The number of Senators shall, at the next session fol- 



164 OUR STATE AND NATION. 

lowing each period of making such enumeration, and the next 
session following each United States census, be fixed by law, and 
apportioned among the several counties according to the number 
of inhabitants in each. 

Sec. 35. The Senate shall not consist of more than fifty mem- 
bers, nor the House of Representatives of more than one hundrea; 
and they shall be apportioned among the several counties and 
representative districts of the State according to the number of 
inhabitants in each, upon ratios to be fixed by law; but no rep- 
resentative district shall contain more than four organized coun- 
ties, and each district shall be entitled to at least one Repre- 
sentative. Every county and district which shall have a number 
of inhabitants equal to one-half of the ratio fixed by law, shall be 
entitled to one Representative; and any one county containing, 
in addition to the ratio fixed by law, one-half of that number, or 
more, shall be entitled to one additional Representative. No 
floating district shall hereafter be formed. 

Sec. 36. At its first session under this Constitution, and at 
every subsequent regular session, the General Assembly shall fix 
the ratio of representation, and also form into representative dis- 
tricts those counties which will not be entitled singly to a Rep- 
resentative. 

Sec. 37. When a Congressional, Senatorial, or Representative 
district shall be composed of two or more counties, it shall not 
be entirely separated by any county belonging to another district; 
and no county shall be divided in forming a Congressional, Sena- 
torial, or Representative district. 

Sec. 38. In all elections by the General Assembly, the members 
thereof shall vote Viva Voce; and the votes shall be entered on 
the journal. 

ARTICLE IV.— EXECUTIVE DEPARTMENT. 

Section 1. The supreme executive power of this State shall be 
vested in a Chief Magistrate, who shall be styled the Governor of 
the State of Iowa. 

Sec. 2. The Governor shall be elected by the qualified electors 
at the time and place of voting for members of the General As- 
sembly, and shall hold his office two years from the time of his 
installation, and until his successor is elected and qualified. 

Sec. 3. There shall be a Lieutenant-Governor, who shall hold 
his office two years, and be elected at the same time as the Gov- 
ernor. In voting for Governor and Lieutenant-Governor, the 



CONSTITUTION OF THE STATE OF IOWA. 16o 

electors shall designate for whom they vote as Governor, and for 
whom as Lieutenant-Governor. The returns of every election for 
Governor and Lieutenant-Governor shall be sealed up and trans- 
mitted to the seat of Government of the State, directed to the 
Speaker of the House of Representatives, who shall open and 
publish them in the presence of both Houses of the General As- 
sembly. 

Sec. 4. The persons respectively having the highest number of 
votes for Governor and Lieutenant-Governor shall be declared 
duly elected; but in case two or more persons shall have an 
equal, and the highest number of votes for either office, the Gen- 
eral Assembly shall, by joint vote, forthwith proceed to elect one 
of said persons Governor, or Lieutenant-Governor, as the case 
may be. 

Sec. 5. Contested elections for Governor or Lieutenant-Gov- 
ernor, shall be determined by the General Assembly in such man- 
ner as may be prescribed by law. 

Sec. 6. No person shall be eligible to the office of Governor or 
Lieutenant-Governor, who shall not have been a citizen of the 
United States and a resident of the State two years next preced- 
ing the election, and attained the age of thirty years at the time 
of said election. 

Sec. 7. The Governor shall be commander-in-chief of the mili- 
tia, the army and navy of this State. 

Sec. 8. He shall transact all executive business with the officers 
of government, civil and military, and may require information 
in writing from the officers of the Executive Department upon 
any subject relating to the duties of their respective offices. 

Sec. 9. He shall take care that the laws are faithfully executed. 

Sec. 10. When any office shall, from any cause, become vacant, 
and no mode is provided by the Constitution and laws for filling 
such vacancy, the Governor shall have power to fill such vacancy 
by granting a commission, which shall expire at the end of the 
next session of the General Assembly, or at the next election by 
the people. 

Sec. 11. He may, on extraordinary occasions, convene the Gen- 
eral Assembly by proclamation, and shall state to both Houses, 
when assembled, the purpose for which they shall have been con- 
vened. 

Sec. 12. He shall communicate, by message, to the General 
Assembly, at every regular session, the condition of the State, 
and recommend such matters as he shall deem expedient. 

Sec. 13. In case of disagreement between the two Houses 



166 



OUR STATE AND NATION. 



with respect to the time of adjournment, the Governor shall have 
power to adjourn the General Assembly to such time as he may 
think proper; but no such adjournment shall be beyond the time 
fixed for the regular meeting of the next General Assembly. 

Sec. 14. No person shall, while holding any office under the 
authority of the United States, or this State, execute the office 
of Governor or Lieutenant-Governor, except as hereinafter ex- 
pressly provided. 

bee. 15. The official term of the Governor and Lieutenant-Gov- 
ernor, shall commence on the second Monday of January next 
after their election, and continue for two years, and until their 
successors are elected and qualified. The Lieutenant-Governor, 
while acting as Governor, shall receive the same pay as provided 
for Governor; and while presiding in the Senate, shall receive as 
compensation therefor the same mileage and double the per diem 
pay provided for a Senator, and none other. 

Sec. 16. The Governor shall have power to grant reprieves, 
commutations and pardons, after conviction, for all offenses ex- 
cept treason and cases of impeachment, subject to such regulations 
as may be provided by law. Upon conviction for treason, he shall 
have power to suspend the execution of the sentence until the 
case shall be reported to the General Assembly at its next meet- 
ing, when the General Assembly shall either grant a pardon, com- 
mute the sentence, direct the execution of the sentence, or grant 
a further reprieve. He shall have power to remit fines and for- 
feitures, under such regulations as may be prescribed by law; 
and shall report to the General Assembly, at its next meeting, 
each case of reprieve, commutation, or pardon granted, and the 
reason therefor; and 'also all persons in whose favor remission 
of fines and forfeitures shall have been made, and the several 
amounts remitted. 

Sec. 17. In case of the death, impeachment, resignation, re- 
moval from office, or other disability of the Governor, the powers 
and duties of the office tor the residue of the term, or until he 
shall be acquitted, or the disability removed, shall devolve upon 
the Lieutenant-Governor. 

Sec. 18. The Lieutenant-Governor shall be President of the 
Senate, but shall only vote when the Senate is equally divided; 
and in case of his absence or impeachment, or when he shall 
exercise the office of Governor, the Senate shall choose a Presi- 
dent pro tempore. 

Sec. 19. If the Lieutenant-Governor, while acting as Governor, 
shall be impeached, displaced, resign or die, or otherwise become 



CONSTITUTION OF THE STATE OF IOWA. 16? 

incapable of performing the duties of the office, the President pro 
tempore of the Senate shall act as Governor until the vacancy is 
filled, or the disability removed; and if the President of the Sen- 
ate, for any of the above causes, shall be rendered incapable of 
performing the duties pertaining to the office of Governor, the 
same shall devolve upon the Speaker of the House of Representa- 
tives. 

Sec. 20. There shall be a seal of this State, which shall be kept 
by the Governor, and used by him officially, and shall be called 
the Great Seal of the State of Iowa. 

Sec. 21. All grants and commissions shall be in the name and 
by the authority of the people of the State of Iowa, sealed with 
the Great Seal of the State, signed by the Governor, and counter- 
signed by the Secretary of State. 

Sec. 22. A Secretary of State, Auditor of State, and Treasurer 
of State, shall be elected by the qualified electors, who shall con- 
tinue in office two years, and until their successors are elected and 
qualified, and perform such duties as may be required by law. 

ARTICLE V.— JUDICIAL DEPARTMENT. 

Section 1. The Judicial power shall be vested in a Supreme 
Court, District Court, and such other Courts, inferior to the Su- 
preme Court, as the General Assembly may, from time to time, 
establish. 

Sec. 2. The Supreme Court shall consist of three Judges, two of 
whom shall constitute a quorum to hold Court. 

Sec. 3. The Judges of the Supreme Court shall be elected by 
the qualified electors of the State, and shall hold their Court at 
such time and place as the General Assembly may prescribe. The 
Judges of the Supreme Court, so elected, shall be classified so that 
one Judge shall go out of office every two years; and the Judge 
holding the shortest term of office, under such classification, shall 
be Chief Justice of the Court during his term, and so on in rota- 
tion. After the expiration of their terms of office, under such 
classification, the term of each Judge of the Supreme Court shall 
be six years, and until his successor shall have been elected and 
qualified. The Judges of the Supreme Court shall be ineligible to 
any other office in the State during the term for which they have 
been elected. 

Sec. 4. The Supreme Court shall have appellate jurisdiction 
only in cases in chancery, and shall constitute a Court for the cor- 
rection of errors at law, under such restrictions as the General 



168 OUR STATE AND NATION. 

Assembly may by law prescribe; and shall have power to issue all 
writs and process necessary to secure justice to parties, and exer- 
cise a supervisory control over all inferior judicial tribunals 
throughout the State. 

Sec. 5. The District Court shall consist of a single Judge, who 
shall be elected by the qualified electors of the District in which 
he resides. The Judge of the District Court shall hold his office 
for the term of four years, and until his successor shall have been 
elected and qualified; and shall be ineligible to any other office, 
except that of Judge of the Supreme Court, during the term for 
which he was elected. 

Sec. 6. The District Court shall be a Court of law and equity, 
which shall be distinct and separate jurisdictions, and have juris- 
diction in civil and criminal matters arising in their respective 
districts in such manner as shall be prescribed by law. 

Sec. 7. The Judges of the Supreme and District Courts shall be 
conservators of the peace throughout the State. 

Sec. 8. The style of all process shall be, "The State of Iowa," 
and all prosecutions shall be conducted in the name and by the 
authority of the same. 

Sec. 9. The salary of each Judge of the Supreme Court shall be 
two thousand per annum, and that of each District Judge one 
thousand six hundred dollars per annum, until the year eighteen 
hundred and sixty; after which time they shall severally receive 
such compensation as the General Assembly may, by law, pre- 
scribe, which compensation shall not be increased or diminished 
during the term for which they shall have been elected. 

Sec. 10. The State shall be divided into eleven Judicial Dis- 
tricts, and after the year eighteen hundred and sixty, the General 
Assembly may reorganize the Judicial Districts, and increase or 
diminish the number of Districts, or the number of Judges of the 
said Court, and may increase the number of Judges of the Su- 
preme Court; but such increase or diminution shall not be more 
than one District, or one Judge of either Court, at any one session, 
and no reorganization of the Districts, or diminution of the num- 
ber of Judges, shall have the effect of removing a Judge from 
office. Such reoragnization of the Districts, or any change in the 
boundaries thereof, or increase or diminution of the number of 
Judges, shall take place every four years thereafter, if necessary, 
and at no other time. 

Sec. 11. The Judges of the Supreme and District Courts shall 
be chosen at the general election; and the term of office of each 



CONSTITUTION OF THE STATE OF IOWA. 169 

Judge shall commence on the first day of January next after his 
election. 

Sec. 12. The General Assembly shall provide by law for the 
election of an Attorney-General by the people, whose term of 
office shall be two years, and until his successor shall have been 
elected and qualified. 

Sec. 13. The qualified electors of each Judicial District shall, 
at the time of the election of District Judge, elect a District At- 
torney, who shall be a resident of the District for which he is 
elected, and who shall hold his office for the term of four years, 
and until his successor shall have been elected and qualified. 

Sec. 14. It shall be the duty of the General Assembly to pro- 
vide for the carrying into effect of this article, and to provide for 
a general system of practice in all the Courts of this State. 

ARTICLE VI.— MILITIA. 

Section 1. The militia of this State shall be composed of all 
able-bodied male citizens between the ages of eighteen and forty- 
five years, except such as are, or may hereafter be, exempt by the 
laws of the United States, or of this State, and shall be armed, 
equipped, and trained, as the General Assembly may provide by 
law. 

Sec. 2. No person or persons conscientiously scrupulous of 
bearing arms shall be compelled to do military duty in time of 
peace; Provided, that such person or persons shall pay an equiva- 
lent for such exemption in the same manner as other citizens. 

Sec. 3. All commissioned officers of the militia (staff officers 
excepted) shall be elected by persons liable to perform military 
duty, and shall be commissioned by the Governor. 

ARTICLE VII.— STATE DEBTS. 

Section 1. The credit of the State shall not, in any manner, be 
given or loaned to, or in aid of, any individual, association or cor- 
poration; and the State shall never assume, or become responsible 
for, the debts or liabilities of any individual, association, or cor- 
poration, unless incurred in time of war for the benefit of the 
State. 

Sec. 2. The State may contract debts to supply casual deficits 
or failures in revenues, or to meet expenses not otherwise pro- 
vided for; but the aggregate amount of such debts, direct and 
contingent, whether contracted by virtue of one or more acts of 



1?0 OUR STATE AND NATION. 

the General Assembly, or at different periods of time, shall never 
exceed the sum of two hundred and fifty thousand dollars, and the 
money arising from the creation of such debts shall be applied to 
the purpose for which it was obtained, or to repay the debts so 
contracted, and to no other purpose whatever. 

Sec. 3. All losses to the Permanent, School, or University fund 
of this State, which shall have been occasioned by the defalcation, 
mismanagement or fraud of the agents or officers controlling and 
managing the same, shall be audited by the proper authorities of 
the State. The amount so audited shall be a permanent funded 
debt against the State, in favor of the respective fund, sustaining 
the loss, upon which not less than six per cent, annual interest 
shall be paid. The amount of liability so created shall not be 
counted as a part of the indebtedness authorized by the second 
section of this article. 

Sec. 4. In addition to the above limited power to contract debts, 
the State may contract debts to repel invasion, suppress insurrec- 
tion, or defend the State in war; but the money arising from the 
debts so contracted shall be applied to the purpose for which it 
was raised, or to repay such debts, and to no other purpose what- 
ever. 

Sec. 5. Except the debts hereinbefore specified in this article, 
no debt shall be hereafter contracted by or on behalf of this State, 
unless such debt shall be authorized by some law for some single 
work or object, to be distinctly specified therein; and such law 
shall impose and provide for the collection of a direct annual tax, 
sufficient to pay the interest on such debt, as it falls due, and also 
to pay and discharge the principal of such debt, within twenty 
years from the time of the contracting thereof; but no such law 
shall take effect until, at a general election, it shall have been sub- 
mitted to the people, and have received a majority of all the votes 
cast for and against it at such election; and all money raised by 
authority of such law, shall be applied only to the specific object 
therein stated, or to the payment of the debt created thereby; and 
such law shall be published in at least one newspaper in each 
county, if one is published therein, throughout the State, for 
three months preceding the election at which it is submitted to 
the people. 

Sec. 6. The Legislature may, at any time after the approval of 
such law by the people, if no debt shall have been contracted in 
pursuance thereof, repeal the same, and may at any time forbid 
the contracting of any further debt or liability under such law; 
but the tax imposed by such law, in proportion to the debt or 






CONSTITUTION OP THE STATE OP IOWA. 171 

liability which may have been contracted in pursuance thereof, 
shall remain in force and be irrepealable, and be annually col- 
lected, until the principal and interest are fully paid. 

Sec. 7. Every law which imposes, continues, or revives a tax, 
shall distinctly state the tax, and the object to which it is to be 
applied; and it shall not be sufficient to refer to any other law to 
fix such tax or object. 

ARTICLE VIII.— CORPORATIONS. 

Section 1. No corporation shall be created by special laws; but 
the General Assembly shall provide, by general laws, for the or- 
ganization of all corporations hereafter to be created, except as 
hereinafter provided. 

Sec. 2. The property for all corporations for pecuniary profit 
shall be subject to taxation, the same as that of individuals. 

Sec. 3. The State shall not become a stockholder in any cor- 
poration, nor shall it assume 0** pay the debt or liability of any 
corporation, unless incurred in time of war, for the benefit of the 
State. 

Sec. 4. No political or municipal corporation shall become a 
stockholder in any banking corporation, directly or indirectly. 

Sec. 5. No act of the General Assembly, authorizing or creat- 
ing corporations or associations with banking powers, nor 
amendments thereto, shall take effect or in any manner be in 
force, until the same shall have been submitted, separately, to 
the people, at a general or special election, as provided by law, 
to be held not less than three months after the passage of the act, 
and shall have been approved by a majority of all the electors 
voting for and against it at such election. 

Sec. 6. Subject to the provisions of the foregoing section, the 
General Assembly may also provide for the establishment of a 
State Bank, with branches. 

Sec. 7. If a State Bank be established, it shall be founded on 
an actual specie basis, and the branches shall be mutually respon- 
sible for each other's liabilities upon all notes, bills, and other 
issues intended for circulation as money. 

Sec. 8. If a general banking law shall be enacted, it shall pro- 
vide for the registry and countersigning, by an officer of State, of 
all bills or paper credit designed to circulate as money, and re- 
quire security to the full amount thereof, to be deposited with the 
State Treasurer, in United States stocks, or in interest-paying 
stocks of States in good credit and standing, to be rated at ten per 



172 OUR STATE AND NATION. 

cent, below their average value in the city of New York, for the 
thirty days next preceding their deposit; and in case of a depre- 
ciation of any portion of such stocks, to the amount of ten per 
cent, on the dollar, the bank or banks owning said stocks shall be 
required to make up said deficiency by depositing additional 
stocks; and said law shall also provide for the recording of the 
names of all stockholders in such corporations, the amount of 
stock held by each, the time of any transfer and to whom. 

Sec. 9. Every stockholder in a banking corporation or institu- 
tion shall be individually responsible and liable to its creditors, 
over and above the amount of stock by him or her held, to an 
amount equal to his or her respective shares so held, for all of its 
liabilities, accruing while he or she remains such stockholder. 

Sec. 10. In case of the insolvency of any banking institution, 
the bill holders shall have a preference over its other creditors. 

Sec. 11. The suspension of specie payments by banking insti- 
tutions shall never be permitted or sanctioned. 

Sec. 12. Subject to the provisions of this article, the General 
Assembly shall have power to amend or repeal all laws for the 
organization or creation of corporations, or granting of special or 
exclusive privileges or immunities, by a vote of two-thirds of 
each branch of the General Assembly; and no exclusive privileges, 
except as in this article provided, shall ever be granted. 



ARTICLE IX.— EDUCATION AND SCHOOL LANDS. 
FIRST— EDUCATION. 

Section 1. The educational interest of the State, including 
Common Schools and other educational institutions, shall be 
under the management of a Board of Education, which shall con- 
sist of the Lieutenant-Governor, who shall be the presiding officer 
of the Board, and have the casting vote in case of a tie, and one 
member to be elected from each judicial district in the State. 

Sec. 2. No person shall be eligible as a member of said Board 
who shall not have attained the age of twenty-five years, and 
shall have been one year a citizen of the State. 

Sec. 3. One member of said Board shall be chosen by the qual- 
ified electors of each district, and shall hold the office for the 
term of four years, and until his successor is elected and qualified. 
After the first election under this Constitution, the Board shall be 
divided, as nearly as practicable, into two equal classes, and the 
seats of the first class shall be vacated after the expiration of two 



CONSTITUTION OF THE STATE OF IOWA. 173 

years, and one-half of the Board shall be chosen every two years 
thereafter. 

Sec. 4. The first session of the Board of Education shall be 
held at the Seat of Government, on the first Monday of December 
after their election, after which the General Assembly may fix the 
time and place of meeting. 

Sec. 5. The session of the Board shall be limited to twenty 
days, and but one session shall be held in any one year, except 
upon extraordinary occasions, when, upon the recommendation of 
two-thirds of the Board, the Governor may order a special session. 

Sec. 6. The Board of Education shall appoint a Secretary, who 
shall be the executive officer of the Board, and perform such duties 
as may be imposed upon him by the Board, and the laws of the 
State. They shall keep a journal of their proceedings, which 
shall be published and distributed in the same manner as the 
journals of the General Assembly. 

Sec. 7. All rules and regulations made by the Board shall be 
published and distributed to the several counties, townships, and 
school districts, as may be provided for by the Board, and when 
so made, published, and distributed, they shall have the force and 
effect of law. 

Sec. 8. The Board of Education shall have full power and au- 
thority to legislate and make all needful rules and regulations in 
relation to Common Schools, and other educational institutions 
that are instituted, to receive aid from the School or University 
fund of this State; but all acts, rules and regulations of said 
Board may be altered, amended, or repealed by the General As- 
sembly, and when so altered, amended, or repealed, they shall not 
be re-enacted by the Board of Education. 

Sec. 9. The Governor of the State shall be, ex officio, a member 
of said Board. 

Sec. 10. The Board shall have no power to levy taxes, or make 
appropriations of money. Their contingent expenses shall be pro- 
vided for by the General Assembly. 

Sec. 11. The State University shall be established at one place 
without branches at any other place, and the University fund 
shall be applied to that institution and no other. 

Sec. 12. The Board of Education shall provide for the education 
of all the youths of the State, through a system of common 
schools, and such schools shall be organized and kept in each 
school district at least three months in each year. Any district 
failing, for two consecutive years, to organize and keep up a 



174 OUR STATE AND NATION. 

school, as aforesaid, may be deprived of their portion of the 
school fund. 

Sec. 13. The members of the Board of Education shall each 
receive the same per diem during the time of their session, and 
mileage going to and returning therefrom, as members of the 
General Assembly. 

Sec. 14. A majority of the Board shall constitute a quorum for 
the transaction of business; but no rule, regulation, or law for 
the government of common schools or other educational institu- 
tions shall pass without the concurrence of a majority of all the 
members of the Board, which shall be expressed by the yeas and 
nays on the final passage. The style of all acts of the Board shall 
be: "Be it enacted by the Board of Education of the State of 
Iowa." 

Sec. 15. At any time after the year one thousand eight hun- 
dred and sixty-three, the General Assembly shall have power to 
abolish or reorganize said Board of Education, and provide for 
the educational interests of the State in any other manner that 
to them shall seem best and proper. 

SECOND— SCHOOL FUNDS AND SCHOOL LANDS. 

Section 1. The educational and school funds and lands shall 
be under the control and management of the General Assembly 
of this State. 

Sec. 2. The University lands, and the proceeds thereof, and all 
moneys belonging to said fund, shall be a permanent fund for 
the sole use of the State University. The interest arising from 
the same shall be annually appropriated for the support and 
benefit of said University. 

Sec. 3. The General Assembly shall encourage, by all suitable 
means, the promotion of intellectual, scientific, moral, and agri- 
cultural improvement. The proceeds of all lands that have been, 
or hereafter may be, granted by the United States to this State, 
for the support of schools, which may have been or shall here- 
after be sold or disposed of, and the five hundred thousand acres 
of land granted to the new States, under an act of Congress, dis- 
tributing the proceeds of the public lands among the several 
States of the Union, approved in the year of our Lord one thou- 
sand eight hundred and forty-one, and all estates of deceased per- 
sons who may have died without leaving a will or heir, and also 
such per cent, as has been or may hereafter be granted by Con- 
gress, on the sale of lands in this State, shall be and remain a 



CONSTITUTION OF THE STATE OF IOWA. 175 

perpetual fund, the interest of which, together with all rents of 
the unsold lands, and such other means as the General Assembly 
may provide, shall be inviolably appropriated to the support of 
common schools throughout the State. 

Sec. 4. The money which may have been or shall be paid by 
persons as an equivalent from exemption from military duty, 
and the clear proceeds of all fines collected in the several coun- 
ties for any breach of the penal laws, shall be exclusively applied, 
in the several counties in which such money is paid, or fine col- 
lected, among the several school districts of said counties, in pro- 
portion to the number o: youths subject to enumeration in such 
districts, to the support of common schools, or the establish- 
ment of libraries, as the Board of Education shall from time to 
time provide. 

Sec. 5. The General Assembly shall take measures for the pro- 
tection, improvement, or other disposition of such lands as have 
been, or may hereafter be, reserved or granted by the United 
States, or any person or persons, to this State, for the use of the 
University, and the funds accruing from the rents or sale of such 
lands, or from any other source for the purpose aforesaid, shall 
be and remain a permanent fund, the interest of which shall be 
applied to the support of said University, for the promotion of 
literature, the arts and sciences, as may be authorized by the 
terms of such grant; and it shall be the duty of the General As- 
sembly, as soon as may be, to provide effectual means for the 
improvement and permanent security of the funds of said Uni- 
versity. 

Sec. 6. The financial agents of the school funds shall be the 
same that by law receive and control the State and county rev- 
enue, for other civil purposes, under such regulations as may be 
provided by law. 

Sec. 7. The money subject to the support and maintenance of 
common schools shall be distributed to the districts in proportion 
to the number of youths between the ages of five and twenty-one 
years, in such manner as may be provided by the General As- 
sembly. 

ARTICLE X.— AMENDMENTS TO THE CONSTITUTION. 

Section 1. Any amendment or amendments to this Constitution 
may be proposed in either House of the General Assembly; and if 
the same shall be agreed to by a majority of the members elected 
to each of the two Houses, such proposed amendment shall be 



176 



OUR STATE AND NATION. 



entered on their journals, with the yeas and nays taken thereon, 
and referred to the Legislature to be chosen at the next general 
election, and shall be published, as provided by law, for three 
months previous to the time of making such choice; and if, in 
the General Assembly so next chosen as aforesaid, such proposed 
amendment or amendments shall be agreed to, by a majority of 
all the members elected to each House, then it shall be the duty 
of the General Assembly to submit such proposed amendment or 
amendments to the people in such manner and at such time 
as the General Assembly shall provide; and if the people shall 
approve and ratify such amendment or amendments by a ma- 
jority of the electors qualified to vote for members of the General 
Assembly, voting thereon, such amendment or amendments shall 
become a part of the Constitution of this State. 

Sec. 2. If two or more amendments shall be submitted at the 
same time, they shall be submitted in such manner that the 
electors shall vote for or against each of such amendments 
separately. 

Sec. 3. At the general election to be held in* the year one 
thousand eight hundred and seventy, and in each tenth year 
thereafter, and also at such times as the General Assembly may 
by law provide, the question, "Shall there be a Convention to 
revise the Constitution and amend the same?" shall be decided 
by the electors qualified to vote for members of the General As- 
sembly; and in case a majority of the electors so qualified, voting 
at such election for and against such proposition, shall decide 
in favor of a Convention for such purpose, the General Assembly, 
at its next session, shall provide by law for the election of dele- 
gates to such Convention. 

ARTICLE XL— MISCELLANEOUS. 



Section 1. The jurisdiction of Justices of the Peace shall ex- 
tend to all civil cases (except oases in chancery, and cases where 
the question of title to real estate may arise) where the amount 
in controversy does not exceed one hundred dollars, and by the 
consent of parties may be extended to any amount not exceeding 
three hundred dollars. 

Sec. 2. No new county shall be hereafter created containing 
less than four hundred and thirty-two square miles, nor shall 
the territory of any organized county be reduced below that area, 
except the county of Worth, and the counties west of it, along the 
northern boundary of this State may be organized without ad- 
ditional territory. 



CONSTITUTION OF THE STATE OF IOWA. 177 

Sec. 3. No county, or other political or municipal corporation, 
shall be allowed to become indebted, in any manner or for any 
purpose, to an amount, in the aggregate, exceeding five per 
centum of the value of the taxable property within such county 
or corporation — to be ascertained by the last State and county 
tax lists, previous to the incurring of such indebtedness. 

Sec. 4. The boundaries of the State may be enlarged, with the 
consent of Congress and the General Assembly. 

Sec. 5. Every person elected or appointed to any office, shall, 
before entering upon the duties thereof, take an oath or affirma- 
tion to support the Constitution of the United States, and of this 
State, and also an oath of office. 

Sec. 6. In all cases of elections to fill vacancies in office occur- 
ring before the expiration of a full term, the person so elected 
shall hold for the residue of the unexpired term; and all persons 
appointed to fill vacancies in office shall hold until the next gen- 
eral election, and until their successors are elected and qualified. 

Sec. 7. The General Assembly shall not locate any of the pub- 
lic lands whic'h have been or may be granted by Congress to this 
State, and the location of which may be given to the General As- 
sembly, upon lands actually settled, without the consent of the 
occupant. The extent of the claim of such occupant so exempted 
shall not exceed three hundred and twenty acres. 

Sec. 8. The seat of government is hereby permanently estab- 
lished, as now fixed by law, at the city of Des Moines, in the 
county of Polk; and the State University at Iowa City, in the 
county of Johnson. 

ARTICLE XII.— SCHEDULE. 

Section 1. The Constitution shaill be the supreme law of the 
State, and any law inconsistent therewith shall be void. The 
General Assembly shall pass all laws necessary to carry this 
Constitution into effect. 

Sec. 2. All laws now in force and not inconsistent with this 
Constitution, shall remain in force until they shall expire or be 
repealed. 

Sec. 3. All indictments, prosecutions, suits, pleas, plaints, 
process, and other proceedings pending in any of the courts, 
shall be prosecuted to final judgment and execution; and all ap- 
peals, writs of error, certiorari and injunctions, shall be carried 
on in the several courts, in the same manner as now provided by 
law, and all offenses, misdemeanors and crimes that may have 
been committed before the taking effect of this Constitution, shall 



178 OUR STATE AND NATION. 

be subject to indictment, trial and punishment, in the same man- 
ner as they would have been had not this Constitution been made. 

Sec. 4. All fines, penalties, or forfeitures due, or to become due, 
or accruing to the State, or to any county therein, or to the school 
fund, shall inure to the State, county or school fund, in the man- 
ner prescribed by law. 

Sec. 5. All bonds executed to the State, or to any officer in his 
official capacity, shall remain in force and inure to the use of 
those concerned. 

Sec. 6. The election under this Constitution shall be held on 
the second Tuesday in October, in the year one thousand eight 
hundred and fifty-seven, at which time the electors of the State 
shall elect the Governor and Lieutenant-Governor. There shall 
also be elected at such election the successors of such State Sena- 
tors as were elected at August election, in the year one thousand 
eight hundred and fifty-four, and members of the House of Rep- 
resentatives, who shall be elected in accordance with the act of 
apportionment, enacted at the session of the General Assembly 
which commenced on the first Monday of December, one thousand 
eight hundred and fifty-six. 

Sec. 7. The first election for Secretary, Auditor, and Treasurer 
of State, Attorney-General, District Judges, Members of the 
Board of Education, District Attorneys, Members of Congress, and 
such State officers as shall be elected at the April election, in the 
year one thousand eight hundred and fifty-seven (except the Su- 
perintendent of Public Instruction), and such county officers as 
were elected at the August election, in the year one thousand 
eight hundred and fifty-six, except Prosecuting Attorneys, shall 
be held on the second Tuesday of October, one thousand eight 
hundred and fifty-eight: Provided, that the time for which any 
District Judge or other State or county officer elected at the April 
election in the year one thousand eight hundred and fifty-eight, 
shall not extend beyond the time fixed for filling like offices at the 
October election, in the year one thousand eight hundred and fifty- 
eight. 

Sec. 8. The first election for Judges of the Supreme Court, and 
such county officers as shall be elected at the August election, in 
the year one thousand eight hundred and fifty-seven, shall be 
held on the second Tuesday of October, in the year one thousand 
eight hundred and fifty-nine. 

Sec. 9. The first regular session of the General Assembly shall 
be held in the year one thousand eight hundred and fifty-eight, 
commencing on the second Monday of January of said year. 



CONSTITUTION OF THE STATE OF IOWA. 179 

Sec. 10. Senators elected at the August election, in the year one 
thousand eight hundred and fifty-six, shall continue in office until 
the second Tuesday of October, in the year one thousand eight 
hundred and fifty-nine, at which time their successor shall be 
elected as may be prescribed by law. 

Sec. 11. Every person elected by popular vote, by a vote of the 
General Assembly, or who may hold office by executive appoint- 
ment, which office is continued by this Constitution, and every 
person who shall be so elected or appointed to any such office, 
before the taking effect of this Constitution (except as in this 
Constitution otherwise provided) shall continue in office until the 
term for which such person has been or may be elected or ap- 
pointed shall expire; but no such person shall continue in office 
after the taking effect of this Constitution., for a longer period 
than the term of such office, in this Constitution prescribed. 

Sec. 12. The general Assembly, at the first session under this 
Constitution, shall district the State into eleven Judicial Dis- 
tricts, for District Court purposes; and shall also provide for 
the apportionment of the members of the General Assembly in 
accordance with the provisions of this Constitution. 

Sec. 13. This Constitution shall be submitted to the electors of 
the State at the August election, in the year one thousand eight 
hundred and fifty-seven, in the several election districts in this 
State. The ballots at such election shall be written or printed, as 
follows: Those in favor of the Constitution, "New Constitution 
— Yes." Those against the Constitution, "New Constitution — No". 
The election shall be conducted in the same manner as the gen- 
eral elections of the State, and the poll-books shall be returned 
and canvassed as provided in the twenty-fifth chapter of the 
Code, and abstracts shall be forwarded to the Secretary of State, 
which abstracts shall be canvassed in the manner provided for the 
canvass of State officers; and if it shall appear that a majority of 
all the votes cast at such election for and against this Constitu- 
tion are in favor of the same, the Governor shall immediately 
issue his proclamation stating that fact, and such Constitution 
shall be the Constitution of the State of Iowa, and shall take 
effect from and after the publication of said proclamation. 

Sec. 14. At the same election that this Constitution is submit- 
ted to the people for its adoption or rejection, a proposition to 
amend the same by striking out the word "white" from the article 
on the "Right of Suffrage," shall be separately submitted to the 
electors of this State for adoption or rejection, in the manner 
following, viz.: A separate ballot may be given by every person 
12 



180 



OUR STATE AND NATION. 



having a right to vote at said election, to be deposited in a sepa- 
rate box. And those given for the adoption of such proposition 
shall have the words, "Shall the word 'white' be stricken out 
of the article on the 'Right of Suffrage?' Yes." And those given 
against the proposition shall have the words, "Shall the word 
'white' be stricken out of the article on the 'Right of Suffrage?' 
No." And if at said election the number of ballots cast in 
favor of said proposition shall be equal to a majority of those cast 
for and against this Constitution, then said word "white" shall 
be stricken from said article and be no part thereof. 

Sec. 15. Until otherwise directed by law, the county of Mills 
shall be in and a part of the Sixth Judicial District of this State. 
Done in Convention at Iowa City, this fifth day of March, in the 

year of our Lord one thousand eight hundred and fifty-seven, 

and of the Independence of the United State of America the 

eigthy-first. 

SIGNERS: 



Timothy Day, 
S. G. Winchester, 
David Bunker, 
D. P. Palmer, 
Geo. W. Ells, 
J. C. Hall, 
John H. Peters, 
Wm. H. Warren, 
H. W. G-ray, 
Robt. Gower, 
H. D. Gibson, 
Thomas Seeley, 
A. H. Marvin, 
J. H. Emerson, 
R. L. B. Clarke, 
James A. Young, 
D. H. Solomon, 



W. W. Robinson, 
Lewis Todhunter, 
John Edwards, 
J. C. Traer, 
James F. Wilson, 
Amos Harris, 
John T. Clarke, 
S. Ayres, 
Harvey J. Skiff, 
J. A. Parvin, 
W. Penn Clark, 
Jere Hollingsworth, 
Wm. Patterson, 
D. W. Price, 
Alpheas Scott, 
Geo. Gillaspy, 
Edward Johnston. 



Attest: 

Th. J. Saunders, Sec'y. 

E. N. Bates, Assistant Sec'y. 



Francis Springer, Pres. 



CONSTITUTION OF THE UNITED STATES. 



Y/e, the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquillity, pro- 
vide for the common defense, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United States of 
America. 

ARTICLE I. 

Section 1. All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist of a 
Senate and House of Representatives. 

Sec. 2. The House of Representatives shall be composed of 
members chosen every second year by the people of the several 
States, and the electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the State 
legislature. 

No person shall be a Representative who shall not have at- 
tained the age of twenty-five years, and been seven years a citizen 
of the United States, and who shall not, when elected, be an 
inhabitant of that State in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, 
according to their respective numbers, which shall be determined 
by adding to the whole number of free persons, including those 
bound to service for a term of years, and excluding Indians not 
taxed, three-fifths of all other persons. The actual enumeration 
shall be made within three years after the first meeting of the 
Congress of the United States, and within every subsequent term 
of ten years, in such manner as they shall by law direct. The 
number of Representatives shall not exceed one for every thirty 
thousand, but each State shall have at least one Representative; 
and until such enumeration shaill be made, the State of New 
Hampshire shall be entitled to choose three, Massachusetts eight, 
Rhode Island and Providence Plantations one, Connecticut five, 
New York six, New Jersey four, Pennsylvania eight, Delaware 

181 



182 OUR STATE AND NATION. 

one, Maryland six, Virginia ten, North Carolina five, South Caro- 
lina five, and Georgia three. 

When vacancies happen in the representation from any State, 
the executive authority thereof shall issue writs of election to fill 
such vacancies. 

The House of Representatives shall choose their Speaker and 
other officers, and shall have the sole power of impeachment. 

Sec. 3. The Senate of the United States shall be composed of 
two Senators from each State, chosen by the legislature thereof, 
for six years; and each Senator shall have one vote. 

Immediately after they shall be assembled in consequence of 
the first election, they shall be divided as equally as may be into 
three classes. The seats of the Senators of the first class shall 
be vacated at the expiration of the second year; of the second 
class, at the expiration of the fourth year, and of the third class, 
at the expiration of the sixth year, so that one-third may be 
chosen every second year; and if vacancies happen by resignation 
or otherwise during the recess of the legislature of any State, the 
executive thereof may make temporary appointments until the 
next meeting of the legislature, which shall then fill such vacan- 
cies. 

No person shall be a Senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an inhabitant 
of that State for which he shall be chosen. 

The Vice-President of the United States shall be President 
of the Senate, but shall have no vote unless they be equally 
divided. 

The Senate shall choose their other officers, and also a Presi- 
dent pro tempore in the absence of the Vice-President, or when 
he shall exercise the office of President of the United States. 

The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirma- 
tion. When the President of the United States is tried, the Chief 
Justice shall preside: .and no person shall be convicted without 
the concurrence of two-thirds of the members present. 

Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust, or profit under the United States; but 
the party convicted shall, nevertheless, be liable and subject to 
indictment, trial, judgment, and punishment according to law. 

Sec. 4. The times, places, and manner of holding elections for 
Senators and Representatives shall be prescribed in each State by 



CONSTITUTION OF THE UNITED STATES. 183 

the legislature thereof; but the Congress may at any time by law 
make or alter such regulations, except as to the places of choos- 
ing Senators. 

The Congress shall assemble at least once in every year, and 
sucih meeting shall be on the first Monday in December, unless 
they shall by law appoint a different day. 

Sec. 5. Each house shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of each 
shall constitute a quorum to do business; but a smaller number 
may adjourn from day to day, and may be authorized to compel 
the attendance of absent members, in such manner, and under 
such penalties, as each house may provide. 

Each house may determine the rules of its proceedings, punish 
its members for disorderly behavior, and with the concurrence of 
two-thirds, expel a member. 

Each house shall keep a journal cf its proceedings, and from 
time to time publish the same, excepting such parts as may in 
their judgment require secrecy, and the yeas and nays of the 
members of either house on any question shall, at the desire of 
one-fifth of those present, be entered on the journal. 

Neither house, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor 
to any other place than that in which the two houses shall be 
sitting. 

Sec. 6. The Senators and Representatives shall receive a com- 
pensation for their services, to be ascertained by law and paid 
out of the Treasury of the United States. They shall, in all cases, 
except treason, felony, and breach of the peace, be privileged 
from arrest during their attendance at the session of their re- 
spective houses, and in going to and returning from the same; 
and for any speech or debate in either house they shall not be 
questioned in any other place. 

No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority 
of the United States, which shall have been created, or the 
emoluments whereof shall have been increased during such time; 
and no person holding any office under the United States shall 
be a member of either house during his continuance in office. 

Sec. 7. All bills for raising revenue shall originate in the 
House of Representatives; but the Senate may propose or concur 
with amendments as on other Dills. 

Every bill which shall have passed the House of Representa- 
tives and the Senate shall, before it beccmes a law, be presented 



184 OUR STATE AND NATION. 

to the President of the United States; if he approve he shall sign 
it, hut if not he shall return it, with his objections, to that house 
in which it shall have originated, who shall enter the objections 
at large on their journal and proceed to reconsider it. If after 
such reconsideration two-thirds of that house shall agree to pass 
the bill, it shall be sent, together with the objections, to the other 
house, by which it shall likewise be reconsidered, and if approved 
by two-thirds of that house it shall become a law. But in all 
such cases the votes of both houses shall be determined by yeas 
and nays, and the names of the persons voting for and against 
the bill shall be entered on the journal of each house respectively. 
If any bill shall not be returned by the President within ten days 
(Sundays excepted) after it shall have been presented to him, 
the same shall be a law, in like manner as if he had signed it, 
unless the Congress by their adjournment prevent its return, in 
which case it shall not be a law. 

Every order, resolution, or vote to which the concurrence of 
the Senate and House of Representatives may be necessary (ex- 
cept on .a question of adjournment) shall be presented to the 
President of the United States; and before the same shall take 
effect, shall be approved by him, or being disapproved by him, 
shall be repassed by two-thirds of the Senate and House of Rep- 
resentatives, according to the rules and limitations prescribed 
in the case of a bill. 

Sec. 8. The Congress shall have power to lay and collect taxes, 
duties, imposts, and excises, to pay the debts and provide for the 
common defense and general welfare of the United States; but 
all duties, imposts, and excises shall be uniform throughout the 
United States; 

To borrow money on the credit of the United States; 

To regulate commerce with foreign nations and among the 
several States, and with the Indian tribes; 

To establish an uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United States; 

To coin money, regulate the value thereof, and of foreign com, 
and fix the standard of weights and measures; 

To provide for the punishment of counterfeiting the securities 
and current coin of the United States; 

To establish post-offices and post-roads; 

To promote the progress of science and useful arts by securing 
for limited times to authors and inventors the exclusive right 
to their respective writings and discoveries; 

To constitute tribunals inferior to the Supreme Court; 



CONSTITUTION OP THE UNITED STATES. 185 

To define and punish piracies and felonies committed on the 
high seas and offenses against the law of nations; 

To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; 

To raise and support armies, but no appropriation of money 
to that use shall be for a longer time than two years; 

To provide and maintain a navy; 

To make rules for the government and regulation of the land 
and naval forces; , 

To provide for calling forth the militia to execute the laws 
of the Union, suppress insurrections, and repel invasions; 

To provide for organizing, arming, and disciplining the militia, 
and for governing such part of them as may be employed in the 
service of the United States, reserving to the States respectively 
the appointment of the officers, and the authority of training 
the militia according to the discipline prescribed by Congress; 

To exercise exclusive legislation in all cases whatsoever over 
such district (not exceeding ten miles square) as may, by cession 
of particular States and the acceptance of Congress, become the 
seat of the Government of the United States, and to exercise like 
authority over all places purchased by the consent of the legis- 
lature of the State in which the same shall be, for the erection 
of forts, magazines, arsenals, dockyards, and other needful build- 
ings; and 

To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other 
powers vested by this Constitution in .the Government of the 
United States, or in any department or officer thereof. 

Sec. 9. The migration or importation of such persons as any 
of the States now existing shall think proper to admit shall not be 
prohibited by the Congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such 
importation, not exceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be sus- 
pended, unless when in cases of rebellion or invasion the public 
safety may require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation or other direct tax shall be laid, unless in pro- 
portion to the census or enumeration hereinbefore directed to be 
taken. 

No tax or duty shall be laid on articles exported from any State. 

No preference shall be given by any regulation of commerce 
or revenue to the ports of one State over these of another; nor 



186 



OUR STATE AND NATION. 



shall vessels bound to or from one State be obliged to enter, clear, 
or pay duties in another. 

No money shall be drawn from the Treasury but in conse- 
quence of appropriations made by law; and a regular statement 
and account of the receipts and expenditures of all public money 
shall be published from time to time. 

No title of nobility shall be granted by the United Stales; 
and no person holding any office of profit or trust under them 
shall, without the consent of the Congress, accept of any present, 
emolument, office, or title, of any kind whatever, from any king, 
prince, or foreign State. 

Sec. 10. No State shall enter into any treaty, alliance, or con- 
federation; grant letters of marque and reprisal; coin money; 
emit bills of credit; make anything but gold and silver coin a 
tender in payment of debts; pass any bill of attainder, ex post 
facto law, or law impairing the obligation of contracts, or grant 
any title of nobility. 

No State shall, without the consent of Congress, lay any 
imposts or duties on imports or exports, except what may be 
absolutely necessary for executing its inspection laws; and the net 
produce of all duties and imposts, laid by any State on imports or 
exports, shall be for the use of the Treasury of the United States; 
and all such laws shall be subject to the revision and control of 
the Congress. 

No State shall, without the consent of Congress, lay any duty 
of tonnage, keep troops or ships of war in time of peace, enter 
into any agreement or compact with another State or with a for- 
eign power, or engage in war, unless actually invaded or in such 
imminent danger as will not admit of delay. 

ARTICLE II. 



Section 1. The executive power shall be vested in a President 
of the United States of America. He shall hold his office during 
the term of four years, and together with the Vice-President, 
chosen for the same term, be elected as follows: 

Each State shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole 
number of Senators and Representatives to which the State may 
be entitled in the Congress; but no Senator or Representative, or 
person holding an office of trust or profit under the United States, 
shall be appointed an elector. 

[The electors shall meet in their respective States and vote by 



CONSTITUTION OF THE UNITED STATES. 187 

ballot for two persons, of whom one at least shall not be an in- 
habitant of the same State with themselves. And they shall make 
a list of all the persons voted for, and of the number of votes for 
each; which list they shall sign and certify, and transmit sealed 
to the seat of government of the United States, directed to the 
President of the Senate. The President of the Senate shall, in 
the presence of the Senate and House of Representatives, open all 
the certificates, and the votes shall then be counted. The person 
having the greatest number of votes shall be the President, if 
such number be a majority of the whole number of electors ap- 
pointed; and if there be more than one who have such majority, 
and have an equal number of votes, then the House of Repre- 
sentatives shall immediately choose by ballot one of them for 
President; and if no person have a majority, then from the five 
highest on the list the said House shall in like manner choose 
the President. But in choosing the President the votes shall be 
taken by States, the representation from each State having one 
vote; a quorum for this purpose shall consist of a member or 
members from two-thirds of the States, and a majority of all 
the States shall be necessary to a choice. In every case, after the 
choice of the President, the person having the greatest number 
of votes of the electors shall be the Vice-President. But if there 
should remain two or more who have equal votes, the Senate shall 
choose from them by ballot the Vice-President.]* 

The Congress may determine the time of choosing the electors 
and the day on which they shall give their votes, which day shall 
be the same throughout the United States. 

No person except a natural-born citizen, or a citizen of the 
United States at the time of the adoption of this Constitution, 
shall be eligible to the office of President; neither shall any per- 
son be eligible to that office who shall not have attained to the 
age of thirty-five years, and been fourteen years a resident within 
the United States. 

In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and 
duties of the said office, the same shall devolve on the Vice-Presi- 
dent, and the Congress may by law provide for the case of re- 
moval, death, resignation, or inability, both of the President and 

*This clause of the constitution has been superseded by the 
Twelfth Amendment. 



188 



OUR STATE AND NATION. 



Vice-President, declaring what officer shall then act as President, 
and such officer shall act accordingly until the disability be re- 
moved or a President shall be elected. 

The President shall, at stated times, receive for his services 
a compensation, which shall neither be increased nor diminished 
during the period for which he may have been elected, and he 
shall not receive within that period any other emolument from 
the United States or any of them. 

Before he enter on the execution of his office he shall take the 
following oath or affirmation: 

"I do solemnly swear (or affirm) that I will faithfully execute 
the office of President of the United States, <and will to the best 
of my ability preserve, protect, and defend the Constitution of 
the United States." 

Sec. 2. The President shall be Commander-in-chief of the Army 
and Navy of the United States, and of the militia of the several 
States when called into the actual service of the United States; 
he may require the opinion, in writing, of the principal officer 
in each of the executive departments, upon any subject relating 
to the duties of their respective offices, and he shall have power 
to grant reprieves and pardons for offenses against the United 
States, except in cases of impeachment. 

He shall have power, by and with the advice and consent of 
the Senate, to make treaties, provided two-thirds of the Senators 
present concur; and he shall nominate, and, by and with the 
advice and consent of the Senate, shall appoint ambassadors, 
other public ministers and consuls, judges of the Supreme Court, 
and all other officers of the United States, whose appointments 
are not herein otherwise provided for, and which shall be estab- 
lished by law; but the Congress may by law vest the appoint- 
ment of such inferior officers, as they think proper, in the Presi- 
dent alone, in the courts of law, or in the heads of departments. 

The President shall have power to fill all vacancies that may 
'happen during the recess of the Senate, by granting commissions 
which shall expire at the end of their next session. 

Sec. 3. He shall from time to time give to the Congress in- 
formation of the state of the Union, and recommend to their con- 
sideration such measures as he shall judge necessary and expedi- 
ent; he may, on extraordinary occasions, convene both houses, 
or either of them, and in case of disagreement between them with 
respect to the time of adjournment, 'he may adjourn them to such 
time as he shall think proper; he shall receive ambassadors and 
other public ministers; he shall take care that the laws be faith- 



CONSTITUTION OF THE UNITED STATES. 189 

fully executed, and shall commission all the officers of the United 
States. 

Sec. 4. The President, Vice-President, and all civil officers of 
the United States shall be removed from office on impeachment 
for and conviction of treason, bribery, or other high crimes and 
misdemeanors. 

ARTICLE III. 

Section 1. The judicial power of the United States shall be 
vested in one Supreme Court, and in such inferior courts as the 
Congress may from time to time ordain and establish. The 
judges, both of the supreme and inferior courts, shall hold their 
offices during good behavior, and shall, at stated times, receive 
for their services a compensation which shall not be diminished 
during their continuance in office. 

Sec. 2. The judicial power shall extend to all cases, in law and 
equity, arising under this Constitution, the laws of the United 
States, and treaties made, or which shall be made, under their 
authority; to all cases affecting ambassadors, other public min- 
isters, and consuls; to all cases of admiralty and maritime juris- 
diction; to controversies to which the United States shall be a 
party; to controversies between two or more States; between a 
State and citizens of another State; between citizens of different 
States; between citizens of the same State claiming lands under 
grants of different States, and between a State, or the citizens 
thereof, and foreign States, citizens, or subjects. 

In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be a party, the Supreme 
Court shall have original jurisdiction. In all the other cases be- 
fore mentioned the Supreme Court shall have appellate jurisdic- 
tion, both as to law and fact, with such exceptions and under 
such regulations as the Congress shall make. 

The trial of all crimes, except in cases of impeachment, shall be 
by jury; and such trial shall be held in the State where the said 
crimes shall have been committed; but when not committed 
within any State, the trial shall be at such place or places as the 
Congress may by law have directed. 

Sec. 3. Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, giv- 
ing them aid and comfort. No person shall be convicted of trea- 
son unless on the testimony of two witnesses to the same overt 
act, or on confession in open court. 

The Congress shall have power to declare the punishment of 



190 OUR STATE AND NATION. 

treason, but no attainder of treason shall work corruption of 
blood or forfeiture except during the life of the person attainted. 

ARTICLE IV. 

Section 1. Full faith and credit shall be given in each State to 
the public acts, records, and judicial proceedings of every other 
State. And the Congress may by general laws prescribe the 
manner in which such acts, records, and proceedings shall ba 
proved, and the effect thereof. 

Sec. 2. The citizens of each State shall be entitled to all privi- 
leges and immunities of citizens in the several States. 

A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State, 
shall, on demand of the executive authority of the State from 
which he fled, be delivered up, to be removed to the State having 
jurisdiction of the crime. 

No person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law 
or regulation therein, be discharged from such service or labor, 
but shall be delivered up on claim of the party to whom such 
service or labor may be due. 

Sec. 3. New States may be admitted by the Congress into this 
Union; but no new State shall be formed or erected within the 
jurisdiction of any other State; nor any State be formed by the 
junction of two or more States or parts of States, without the 
consent of the legislatures of the States concerned as well as of 
the Congress. 

The Congress shall have power to dispose of and make all need- 
ful rules and regulations respecting the territory or other prop- 
erty belonging to the United States; and nothing in this Consti- 
tution shall be so construed as to prejudice any claims of the 
United States or of any particular State. 

Sec. 4. The United States shall guarantee to every State in 
this Union a republican form of government, and shall protect 
each of them against invasion, and on application of the legis- 
lature, or of the executive (when the legislature cannot be con- 
vened), against domestic violence. 

ARTICLE V. 

The Congress, whenever two-thirds of both houses shall deem 
it necessary, shall propose amendments to this Constitution, or, 
on the application of the legislatures of two-thirds of the several 



CONSTITUTION OF THE UNITED STATES. 191 

States, shall call a convention for proposing amendments, which 
in either case shall be valid to all intents and purposes as part of 
this Constitution, when ratified by the legislatures of three- 
fourths of the several States, or by conventions in three-fourths 
thereof, as the one or the other mode of ratification may be pro- 
posed by the Congress, provided that mo amendments which may 
be made prior to the year one thousand eight hundred and eight 
shall in any manner affect the first and fourth clauses in the 
ninth section of the first article; and that no State, without its 
consent, shall be deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution as under the confederation. 

This Constitution, and the laws of the United States which 
shall be made in pursuance thereof, and all treaties made, or 
which shall be made, under the authority of the United States, 
shall be the supreme law of the land; and the judges in every 
State shall be bound thereby, anything in the Constitution or 
•laws of any State to the contrary notwithstanding. 

The Senators and Representatives before mentioned, and the 
members of the several State legislatures, and all executive and 
judicial officers both of the United States and of the several 
States, shall be bound by oath or affirmation to support this Con- 
stitution; but no religious test shall ever be required as a qual- 
ification to any office or public trust under the United States. 

ARTICLE VII. 

The ratification of the conventions of nine States shall be suf- 
ficient for the establishment of this Constitution between the 
States so ratifying the same. 

Done in convention by the unanimous consent of the States 
present, the seventeenth day of September, in the year of our 
Lord one thousand seven hundred and eighty-seven, and of 
the independence of the United States of America the twelfth. 
In witness whereof, we have hereunto subscribed our names. 
George Washington, President, and Deputy from Virginia. 
New Hampshire — John Langdon, Nicholas Gilman. 
Massachusetts — Nathaniel Gorham, Rufus King. 
Connecticut— William Samuel Johnson, Roger Sherman. 
New York — Alexander Hamilton. 



192 OUR STATE AND NATION. 

New Jersey — William Livingston, David Brearly, William Patter- 
son, Jonathan Dayton. 

Pennsylvania — Benjamin Franklin, Thomas Mifflin, Robert Mor- 
ris, George Clymer, Thomas Fitzsimons, Jared Ingersoll, James 
Wilson, Gouverneur Morris. 

Delaware — George Read, Gunning Bedford, Jr., John Dickinson, 
Richard Bassett, Jacob Broom. 

Maryland— James McHenry, Daniel of St. Thomas Jenifer, Daniel 
Carroll. 

Virginia — John Blair, James Madison, Jr. 

North Carolina — William Blount, Richard Dobbs Spaight, Hugh 
Williamson. 

South Carolina — John Rutledge, Charles Cotesworth Pinckney, 
Charles Pinckney, Pierce Butler. 

Ge'orgia — William Few, Abraham Baldwin. 

Attest: William Jackson, Secretary. 

AMENDMENTS. 

ARTICLE I. 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging 
the freedom of speech or of the press; or the right of the people 
peaceably to assembly, and to petition the government for a re- 
dress of grievances. 

ARTICLE II. 

A well-regulated militia being necessary tr the security of a 
free State, the right of the people to keep and bear arms shall 
not be infringed. 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war, but in a 
manner to be prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrants shall issue but upon prob- 
able cause, supported by oath or affirmation, and particularly de- 
scribing the place to be searched, and the person or things to be 
seized. 



CONSTITUTION OF THE UNITED STATES. 193 

ARTICLE V. 

No person shall be held to answer for a capital or otherwise 
infamous crime, unless on a presentment or indictment of a 
grand jury, except in cases arising in the land or naval forces, 
or in the militia, when in actual service in time of war or public 
danger; nor shall any person be stibject for the same offense to 
be twice put in jeopardy of life or limb; nor shall be compelled 
in any criminal case to be a witness against himself, nor be de- 
prived of life, liberty, or property, without due process of law; 
nor shall private property be taken for public use without just 
compensation. 

ARTICLE VI. 

In all criminal prosecutions the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury of the State 
and district wherein the crime shall have been committed, which 
district shall 'have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation; to be con- 
fronted with the witnesses against him; to have compulsory 
process for obtaining witnesses in his favor, and to have the 
assistance of counsel for his defense. 

ARTICLE VII. 

In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact tried by a jury shall be otherwise re-examined in any 
court of the United States, than according to the rules of the 
common law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

The enumeration in the Constitution of certain rights shall not 
be construed to deny or disparage others retained by the people. 

ARTICLE X. 

The powers not delegated to the United States by the Consti- 
tution, nor prohibited by it to the States, are reserved to the 
States respectively or to the people. 



194 



OUR STATE AND NATION. 



ARTICLE XI. 

The judicial power of the United States shall not be construed 
to extend to any suit in law or equity, commenced or prosecuted 
against one of the United States by citizens of another State, or 
by citizens or subjects of any foreign State. 

ARTICLE XII. 



The electors shall meet in their respective States and vote by 
ballot for President and Vice-President, one of whom, at least, 
shall not be an inhabitant of the same State with themselves; 
they shall name in their ballots the person voted for as President, 
and in distinct ballots the person voted for as Vice-President, 
and they shall make distinct lists of all persons voted for as 
President and of all persons voted for as Vice-President, and of 
the number of votes for each; which lists they shall sign and 
certify, and transmit sealed to the seat of the government of the 
United States, directed to the President of the Senate. The Presi- 
dent of the Senate shall, in the presence of the Senate and House 
of Representatives, open all the certificates and the vote shall 
then be counted. The person having the greatest number of votes 
for President shall be the President, if such number be a majority 
of the whole number of electors appoiinted; and if no person 
have such majority, then from the persons having the highest 
numbers not exceeding three on the list of those voted for as 
President, the House of Representatives shall choose immedi- 
ately, by ballot, the President. But in choosing the President 
the votes shall be taken by States, the representation from each 
State having one vote; a quorum for this purpose shall consist 
of a member or members from two-thirds of the States, and a 
majority of all the States shall be necessary to a choice. And if 
the House of Representatives shall not choose a President when- 
ever the right of choice shall devolve upon them, before the fourth 
day of March next following, then the Vice-President shall act 
as President, as in the case of the death or other constitutional 
disability of the President. 

The person having the greatest number of votes as Vice-Presi- 
dent shall be the Vice-President, if such number be a majority of 
the whole number of electors appointed; and if no person have 
a majority, then from the two highest numbers on the list the 
Senate shall choose the Vice-President; a quorum for the pur- 
pose shall consist of two-thirds of the whole number of Senators, 
and a majority of the whole number shall be necessary to a 



CONSTITUTION OF THE UNITED STATES. 195 

choice. But no person constitutionally ineligible to the office of 
President shall be eligible to that of Vice-President of the United 
States. 

ARTICLE XIII. 

Section 1. Neither slavery nor involuntary servitude, except 
as a punishment for crime whereof the party shall have been 
duly convicted, shall exist within the United States or any place 
subject to their jurisdiction. 

Sec. 2. Congress shall have power to enforce this article by 
appropriate legislation. 

ARTICLE XIV. 

Section 1. All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the United 
States and of the State wherein they reside. No State shall make 
or enforce any law which shall abridge the privileges or immuni- 
ties of citizens of the United States; nor shall any State deprive 
any person of life, liberty, or property, without due process of 
law; nor deny to any person within its jurisdiction the equal 
protection of the laws. 

Sec. 2. Representatives shall be apportioned among the sev- 
eral States according to their respective numbers, counting the 
whole number of persons in each State, excluding Indians not 
taxed. But when the right to vote at any election for the choice 
of electors for President and Vice-President of the United States, 
Representatives in Congress, the executive and judicial officers 
of a State, or the members of the legislature thereof, is denied to 
any of the male inhabitants of such State, being twenty-one 
years of age, and citizens of. the United States, or in any "way 
abridged, except for participation in rebellion, or other crime, the 
basis of representation therein shall be reduced in the proportion 
which the number of such male citizens shall bear to the whole 
number of male citizens twenty-one years of age in such State. 

Sec. 3. No person shall be a Senator or Representative in 
Congress, or elector of President and Vice-President, or hold any 
office, civil or military, under the United States or under any 
State, who, having previously taken an oath as a member of 
Congress, or as an officer of the United States, or as a member 
of any State legislature, or as an executive or judicial officer of 
any State, to support the Constitution of the United States, shall 
have engaged in insurrection or rebellion against the same, or 



196 



OUR STATE AND NATION. 



given aid or comfort to the enemies thereof. But Congress may, 
by a vote of two-thirds of each house, remove such, disability. 

Sec. 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pen- 
sions and bounties for services in suppressing insurrection or 
rebellion, shall not be questioned. But neither the United States 
nor any State shall assume or pay any debt or obligation incurred 
in aid of insurrection or rebellion against the United States, or 
any claim for the loss or emancipation of any slave; but all such 
debts, obligations, and claims shall be held illegal and void. 

Sec. 5. The Congress shall have power to enforce, by appro- 
priate legislation, the provisions of this article. 

ARTICLE XV. 



Section 1. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States or by any 
State on account of race, color, or previous condition of servitude. 

Sec. 2. The Congress shall have power to enforce this article 
by appropriate legislation. 



GENERAL INDEX 



Adjutant General 104 

Administrator 41 

Admission of States 193 

Affidavit 52 

Agricultural College 109 

Amendment to State Constitution Ch. VII, Appendix 

Amendment to U. S. Constitution 198 

Appointment: of Township Officers 17 

of Federal Judges 184 

Made by Governor 76 

Made by President 141-140 

Appropriations for Army 162 

Apportionment of Representatives in Congress in Our Early 

History 180 

Assessor : of township 19 

of Cities 28 

Assessment, Equalization of 36 

Asylums for Insane 117 

Assistance to Voters 132 

Associate Judges of Supreme Court 182 

Attorney General of Nation 146, 182 

of State 80 

Attainder, Bill cf 169 

Auditor: of City 32 

of County 35, 37 

of State 77 

Auditor and Clerk of County: Office of Both Filled by One 

Man 47 

B. 

Ballots, Making and Printing 128, 129 

Ballot Boxes 36 

Bankrupt Laws 15g 

Banks 77 j 80 

Binding Over to Court 20 

197 



198 



OUR STATE AND NATION. 



Bill of Sale 42 

Bills in G. A 58, 67 

Bill Clerk Foot Note 57 

Biennial Message 76 

Bill of Attainder 173 

Bonds, Issuance of by Public Corporations 77 

Boards of Election 131 

Board of Control of State Institutions Ill 

Booths for Voters, Provision for 130 

Board of Equalization: in Township 19 

in County 36 

in State 77 

Board of Canvassers of Election Returns: of County 56 

of State 56 

Board of Examiners 81 

Boundaries of Counties, Changing of 09 

Bribery 72 

Bounties on Scalps of Wild Animals 36 

Bridges in County 38 

Branding 18 

Boundary of Iowa 1 

Bonds: of City Officers 32 

of State Officers 76 

of School Officers 32 

of County Officers 37 

(Approved by Whom) 36 

of Justice of Peace 41 

C. 

Canvassers of Election in County 36, 56 

in State 56 

Change of Venue 20 

Charters 24 

Challenging Jurors 51 

Civil Township : 8 

Civil Engineer 32 

Constable 21 

Certificate of Election in County 37 

Classes of Cities 25 

Clerk of District Court 35,41 

Clerk of District Court and Auditor: Office of Both Filled by 

One Person 47 



INDEX. 199 

Clerk of House 57 

Collector of Township 38 

Congressional Townships 8 

Contested Election in County 37 

Commissioners of Insane 47 

Conveyance of Prisoners to State Prison 42 

Compulsory Attendance of G. A 64 

Contesting Elections of Governor 76 

Commander-in-Chief of Militia 76 

Committees of G. A 66 and Appendix, Chapter VIII 

Contingent Fund of Governor 76 

Commissioners in Other States Appendix, Chapter VIII 

Commissioners: of Dairy Products 90 

of Pharmacy 59 

of Labor Statistics . , 99 

Contested Election of Members of G. A 60 

Correction Lines 6 

County: Need of , 35 

Size of 35 

Coroner 45 

Custodian of Public Buildings 84 

Curator of Historical Society 98 

Compensation of Township Officers Decided by Whom 36 

Caucus 121 

Candidates : Withdrawal of 124 

Cabinet Officers 143 

Calling Out Militia 168 

Census of U. S 136 

Census Blank Forms . 100 

Certificates of Nomination 123 

Chief Justice State Supreme Court 105 

Chaplain of Penitentiary 119 

Chairman of County Convention 123 

Chief Justice U. S 186 

Chisholm vs. Georgia 186 

Civil Service Officers 141 

City Postmasters 141 

Circuit Courts of U. S 162, 188 

Circuit Court of Appeals 192 

Clerk of Supreme Court of State 106 

Clerk of Penitentiary 119 

Clearance Papers 177 

Commander-in-Chief of Militia 104 






200 



OUR STATE AND NATION. 



College for Blind 112 

Commitment of Boy or Girl to Industrial School 118 

Convention : in County 122 

Congress 135, 150 

Congress : Members of 136, 153 

Powers of 154, 169 

Limit of Powers 171 

Consul 140 

Commander-in-Chief of Federal Army 142 

Convening of Congress Extraordinary 142 

Coining of Money 159 

Corresponding Duties of Governor and President 142 

Counterfeiting 159 

Copyrights 161 

Court of Claims 191 

Court, Territorial 193 

Credit Between States 170 

Congressional Districts 

D. 

Dairy Products 90 

Deaf and Dumb, Institutions for Ill 

Depositions 52 

Dental Examiners 91 

Director of Iowa Weather and Crop Service 97 

District Township 10 

District Court 41 

Held When 48 

Judges of 48 

District Courts of U. S 189 

Disbursements of State Money 68 

Discrimination of Ports of Entry 176 

Doorkeepers 57 

Draining Marsh Lands 18 

Dress of Supreme Judges 187 

E. 

Elections in Cities and Towns, Time of 25 

Election of Township Officers 23 

Election Returns in County 37, 56 

Election of Officers Jointly in G. A C5 

Election of Governor by G. A .65, 76 



INDEX. 201 

Election Returns of Representatives 56 

Elections of U. S. Senators 70 

Election of State Officers 83 

Election 132 

Election of President and Vice-President 137 

Election Proclamation 76. Appendix, Chapter VIII 

Electoral Commission 137 

Electoral Count Bill 138 

Enumeration of Children of Deceased Soldiers 19 

Engrossing Clerk Foot Note 57 

Equalization of Assessment 36 

Enrolling Clerk Foot Note 57 

Executive Department: General 34 

National 136, Chapter XV 

Executive Council 100 

Executive Committees of Political Parties 125 

Ex Post Facto Law 178 

Examiners, State Boards of . . . . 81 

Escheats 77, 103 

F. 

File Clerk Foot Note 57 

Filing Certificates of Candidates for State Officers 123 

for County Officers 123 

Fines, Proceeds of 103 

Form for Notice of School Election, Proceeding, Etc 11 

Fish Commissioners 89 

School Fund 14, 103 

G. 

General Assembly 35 

Special Call of G. A 76 

Adjournment 76 

General Surveys 7 

Governor 76 

Guardians 41 

Gunwad Plan 121 

Governor's Proclamation Appendix, Ch. VII 

H. 

Habeas Corpus 172 

High School Courses, Aim of 108 



202 OUR STATE AND NATION. 

Health Officers of Township 17 

Highways 17 

House of Representatives in State 58 

Its Organization 57 

House of Representatives of Nation, Special Powers 182 

House of Representatives of Nation 151 

I. 

Impeachment by House of Representatives in Congress 183 

Impeachment in the State 73 

Independent District 15 

Independent District of the Township 15 

Incorporation of a Town 24 

Incorporated Towns, Government of 26 

Instruments Recorded by County Recorder 40 

Institute Fund 43 

Inquest Over Dead Body 45 

Indictment 50 

Form for Indictment Appendix, Chapter VI 

Insurance Companies 80 

Inspectors: of Passenger Boats 85 

of Mines 86 

of Oils 87 

Industrial Homes for Blind 113 

Institution for Deaf and Dumb Ill 

Institution for Feeble-Minded Children 114 

Insane Asylum 117 

Industrial Schools for Boys and Girls 118 

Instruction to Voters 129, 133 

Imports 155 

Interstate Commerce Law 156 

Income Tax 187 

Inferior Courts, Power of Congress Over 188 

Indictment, Federal 194 

Insane Asylum 117 

Iowa National Guards 104 

Irregularity of Boundary Lines 1 

I. 

Joint Convention of G. A 65 

Journals of Senate and House 60 

Justice of Peace 20 



INDEX. 203 

Judges of Superior Court C3 

Judicial Department: General 34 

of Nation 136, and Chapter XVII 

of State Chapter XI 

Jury: Care of 42 

Work of 50, 51 

Judicial Districts 48, and Appendix, Chapter VI 

Judges of District Court 48 

Jurors: Grand 49, 50 

Petit 49 

Jurisdiction of State Supreme Court 105 

Judges : General Powers cf 107 

Judicial Officers of U. S 136 

Judicial Districts of U. S 

L. 

Laws Passed by G. A 58, 67 

Letters of Marque and Reprisal 165 

Legislative Department of Nation 135, and Chapter XVI 

of State Chapter VII 

Lieutenant Governor's Clerk Foot Note 57 

Legislative Department; General 34 

Location of Townships • 3, 4 

Location of Land 5 

License for Marriage 41 

Lotteries 69 

Liberties of Member of G. A 71 

Library of State 93 

M. 

Mayor of Incorporated Towns 26 

of Cities 27 

Marshal of First-Class City 29 

of a Town 26 

Meetings of County Supervisors 36 

Special Meetings 37 

Mines 86 

Mine Inspector 86 

Militia 104 

Mints of U. S 159 

Militia of U. S 168 



204 



OUR STATE AND NATION. 



Message of President 142 

Ministers and Ambassadors 140 

N. 

Naturalization 157 

Navy 167 

Nominations Made by Parties Having Cast Less Than 2 Per 
Cent of Entire Vote Polled at Next Preceding Elec- 
tion , .127 

Normal Schools 110 

Notaries Public 92 



Objections to Nominations 126 

Officers of Senate and House Foot Note 57 

Oath of Members of G. A 63 

Officers Under Civil Service ■ 141 

Officers of School Board 14 

Organization of School Board 13 

Organization of State Senate and House of Representatives.. 

P. 

Payment of Members of the G. A 74 

Pardoning Power of Governor 76 

Passenger Boats 85 

Pardoning Power of President 142 

Peremptory Challenges 20 

Penitentiaries 119 

Police Judge 32 

Poor, Care for 36, 17 

Poll Book 37 

Poll Tax 37 

Powers of Each House 60 

Power of Either House of G. A. to Adjourn 69 

Pocket Veto Appendix, Chapter VIII 

Principal Meridian 2,3 

Probating a Will 41 

Proclamation of General Elections 

76, and Appendix to Chapter VIII 

Primary Meeting 121 

Privates in Militia 101 

Plat Book 37 



INDEX. 205 

Political Parties, Their Origin and Use 120 

Piracy 163 

Parliamentary Practice of Congress 185 

Postmaster General 148 

Postal Service 160 

Powers of Each House Separately 181 

Powers of Congress 154, 169 

Powers of Congress, Limit of 175 

Personal Rights 196 

President of U. S - 137 

President and Vice-President Qualifications of 139 

Presidential Appointments 140 

President, Duties of 142 

President's Message 142 

Protection of Home Industries 155 

Presentment 194 

Presidential Succession , 203 

0. 

Quo Warranto Proceedings 47 

Quarantine of Stock 88 



Railroad Commissioners 82 

Report of Supreme Court 106 

Representatives, House of 151 

in State 54 

Registration of Voters 133 

Recorder of: Incorporated Towns 26 

Duties of 31 

of County 35, 40 

Recorder and Treasurer: One Man for Both Positions 47 

Resignations of County Officers 37 

of County Attorney 44 

Regents of State University 108 

Representative Districts 54, and Appendix, VII 

Readjustment of Representative Districts 54 

Restrictions to Membership of C. A 61 

Restrictions of Members of G. A ". 69 

Restrictions of Powers of G. A 69 

Register of State Land Office 

Resignation of Governor 76 



206 



OUR STATE AND NATION. 



Report of State Officers to Governor 76 

Requisition Papers 76 

Recorder of Results of Elections 78 

Representatives in Congress 135 

Rights of Petition 179 

Rights, Personal 200 



S. 



School Districts 9 

School Board, Duties of 13 

Officers of 14 

Kinds 15 

School Funds 36 

School Fund, Permanent 103 

Salary of Members of G. A 74 

Salaries of U. S. Officers 200 

Savings Banks 77 

Salaries of Judges of Supreme Court 105 

Secretary of Senate 57 

Senate of State, Officers of 57 

Qualifications of Members 55 

Sergeant at Arms Foot Note, 57 

Senatorial Districts Appendix, Chapter VII 

Secretary of Agriculture 150 

Secretary of War 145 

Secretary of Navy 147 

Secretary of Interior 149 

Secretary of Treasury 144 

Secretary of County Convention 123 

Senate of Nation , 152 

Senator, Election of U. S 70 

Senators in Congress 135 

Sheriff of County 35, 42 

Sheriff, Resources of 76 

Sheriff's Proclamation Appendix, Chapter VII 

Slavery 180 

Solicitor 32 

Soldiers' Orphans Home 115 

Soldiers' Home 116 

Speaker of House , 57 

Special Election of Members of Congress or G. A 76 

Sub-director . , ,.,,,,., , 10, 11 



INDEX. 207 

Suffrage Allowed Women 11 

Superintendent of Markets 32 

Superior Court 33 

Supervisors of County 35,36 

Superintendent of Schools 43 

Surveyor of County 46 

Succession to Presidency 199 

Supreme Court of U. S 186 

Superintendent of Public Instruction 81 

Superintendent of Weights and Measures 94 

Street Commissioner 32 

Stock Law 36 

State Senate 57 

State Laws, Distribution of 77 

State Election Contests 77, 78 

State Election 83 

State Officers, Salaries of 83 

State Veterinary Surgeon 88 

State Ha'tching House 89 

State Fish and Game Warden 89 

State Library 93 

State Board of Health 96 

State Historical Society 98 

State Normal School 110 

State Industrial Home for Blind 113 

State University 108 

State Agricultural College 109 

State Judiciary Chapter XI 

State Supreme Court 105 

State Horticultural Society 102 

State Agricultural Society 101 

State Board of Canvassers 100 

State Board of Examiners 81 

T. 

Tax, Levy of County Tax 36 

Levy of School District Tax 13 

Tax Sales 37, 38, 39 

Tax Title I 39 

Taxes on Telegraph Lines 79 

Taxes Levied by Congress 155, 175 



208 



OUR STATE AND NATION. 



Taxes: Equalization of in Cities 26 

in Townships 19 

in Counties 36 

in State 100 

Territorial Court 193 

Testator 41 

Township, Size of 5 

Tie Votes: for Township Officers 18 

for Director 12 

for County Office 37 

Title of Nobility 176 

Township Government 16 

Township 14 

Township Trustees 17 

Township Clerk 18 

Treasurer of Town or City 30 

of County 35, 39 

of State 79 

Transfer Book 37 

Treasurer and Recorder, Office of Both Filled by One Man 47 

Trial Before Jury 51 

Trustees : of Normal School 110 

of College for Deaf and Dumb Ill 

of College for the Blind 112 

of School for- Feeble-Minded Children 114 

of Home for Blind 113 

of Soldiers' Orphans Home 115 

Treaty Making 142 

Treason 164 

Trial by Jury, National 195 

U. 

United States 134 

United States Attorney 189 

United States Marshal 190 



Vacancy of Justice or Constable 30 

of Sheriff 45 

in G. A 62 

Veto of Governor and Passage of Bills Over His Veto 59 

Veto, Pocket Appendix, Chapter VII 



INDEX. 209 

Veterinary Surgeon _ 88 

Voters, Instructions to 129 

Veto Power of President 142 

W. 

Warrant on County Treasurer 37 

Warrant of Arrest Appendix, Chapter V 

Women as Recorder or County Superintendent 47 

Warden of Penitentiaries 119 

Weather and Crop Service 97 

Weights and Measures 94 

Withdrawal of Candidates 124 

Y. 

Yeas and Nays 74 



AU Gi6 1898 



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